A professional athlete and former stuntman will remain behind bars, serving a jail sentence for child sex offences, after a judge found his chances of winning an appeal were "very low".
Rhys Karl Kember, 34, was denied bail in the ACT Court of Appeal on Thursday, when the disgraced former Olympic hopeful represented himself in a failed bid for freedom.
The BMX rider, who had been on track to represent Australia at the Tokyo Games before his offending came to light, was sentenced by the ACT Supreme Court in June to three years in jail.
Chief Justice Lucy McCallum ordered him to serve eight months in the Alexander Maconochie Centre before the balance of the sentence was suspended.
Kember, a former Fast & Furious stuntman, had previously pleaded guilty to six child sex charges relating to crimes he committed against five girls between 2016 and his arrest in 2020.
The offences, all involving teenagers, included using a carriage service to procure a child for sexual activity, transmitting indecent material to a child, and soliciting child abuse material.
On Thursday, Kember told Justice David Mossop he should be released on bail because he would otherwise serve all of his time in custody before an appeal against his sentence could be heard.
The court heard he had lodged an appeal with a single ground, claiming the sentence imposed was manifestly excessive, and Kember detailed his struggles in bringing his case.
Wearing the same suit he had on when he was taken into custody, he said he was having to represent himself because his previous solicitor was moving overseas and Legal Aid had refused him funding.
"I've been waiting for three weeks just to print some documents coming into the appeal," Kember told the court.
In addition to claiming his circumstances were special or exceptional because of the time he would serve unless he received bail, Kember said his father and partner needed him out of jail.
His father had Alzheimer's which had worsened since he had been locked up, he said, while his partner's mental health had suffered with him behind bars.
"I was on bail for two years ... and had no issues with adhering to my bail conditions," Kember said, referring to the time between being charged and sentenced.
Federal prosecutor Cecilia Pascoe accepted the fact Kember would serve his entire custodial term before the appeal was a special or exceptional circumstance in favour of bail.
She said this was not the only issue to be considered, however, with Justice Mossop legally required to take into account the prospects of Kember's appeal succeeding.
Ms Pascoe argued bail should be refused because the appeal had "little to no prospects of success".
The prosecutor also said Chief Justice McCallum's sentencing remarks clearly showed that judge had considered the likely impact of Kember's incarceration on his father, while the struggles experienced by the offender's partner were "inevitable" for people in her position.
Justice Mossop ultimately said there was "no coherent evidentiary picture" about the mental health of Kember's partner, and agreed with Ms Pascoe about the offender's father.
He also noted that lawyers acting for Kember during sentence proceedings had accepted the 34-year-old should must some time behind bars, and pointed out that the eight months Kember was required to serve in custody was less than one-quarter of his total jail term.
"It cannot be said, on the material and arguments put before me, that the prospects of success on appeal are anything other than very low," Justice Mossop said as he denied bail.
Kember is due to be freed from jail, on a recognisance release order, in February 2023.
