R v Chong [2019] NSWDC 752

R v Chong [2019] NSWDC 752

A sentence of full-time imprisonment of 15 months, with release after 9 months on a recognisance release order, is appropriate having regard to the gravity, planned and premeditated nature of eight offences of attempting to export native lizards, the cruelty involved, need for general and specific deterrence, the moderate cooperation with authorities, the young age and mental health of the offender, and a combined discount of 40% for guilty plea and assistance.

Parties
Prosecution: Commonwealth DPP; Offender: King Chuen Chong
Jurisdiction
Australia
Judgment Date
14 November 2019
Procedural Posture
Criminal / Sentence
Outcome
The offender was sentenced to an aggregate sentence of imprisonment of 15 months. Pursuant to sections 19AC and 20(1)(b) of the Crimes Act (Cth), ordered to be released on a recognisance release order after serving 9 months, conditional on paying security of $100 and being of good behaviour for 6 months.
Legal Topics
Attempting to Export Regulated Native Specimens, Wildlife Crime, Sentencing – Commonwealth Offences, Cruelty to Animals, Utilitarian Discount for Guilty Plea
Criminal Law Environmental Law Attempting to Export Regulated Native Specimens Wildlife Crime Sentencing – Commonwealth Offences Cruelty to Animals Utilitarian Discount for Guilty Plea

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Parties

Commonwealth DPP

Prosecution

King Chuen Chong

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for attempting to export regulated native specimens under s 303DD of the Environment Protection and Biodiversity Conservation Act 1999?
  2. 2 What is the impact of plea of guilty, cooperation with authorities, and subjective circumstances on sentence?
  3. 3 How do factors of general and specific deterrence, seriousness and cruelty, and prospects of rehabilitation affect the sentence?

Ratio Decidendi

A sentence of full-time imprisonment of 15 months, with release after 9 months on a recognisance release order, is appropriate having regard to the gravity, planned and premeditated nature of eight offences of attempting to export native lizards, the cruelty involved, need for general and specific deterrence, the moderate cooperation with authorities, the young age and mental health of the offender, and a combined discount of 40% for guilty plea and assistance.

Court Disposition

The offender was sentenced to an aggregate sentence of imprisonment of 15 months. Pursuant to sections 19AC and 20(1)(b) of the Crimes Act (Cth), ordered to be released on a recognisance release order after serving 9 months, conditional on paying security of $100 and being of good behaviour for 6 months.

Orders

  • Aggregate sentence of imprisonment of 15 months commencing 14 November 2019.
  • Offender to be released after serving 9 months on a recognisance release order, conditional on payment of $100 security and good behaviour for 6 months pursuant to Crimes Act 1914 (Cth) ss 19AC and 20(1)(b).