R v Pogmore [2020] NSWDC 883

R v Pogmore [2020] NSWDC 883

Given the seriousness of the offences threatening biodiversity, the utilitarian value of an early guilty plea, limited criminal history, financial motivation, family circumstances, and the objective factual findings, the only appropriate sentence is imprisonment: three years aggregate, with release on a recognizance order after 18 months.

Parties
Crown: Director of Public Prosecutions (Crown); Offender: Buddy Pogmore
Jurisdiction
Australia
Judgment Date
11 December 2020
Procedural Posture
Criminal / Sentence
Outcome
Aggregate sentence of three years imprisonment imposed. Release on recognizance after 18 months.
Legal Topics
Border Offences, Commonwealth Offences, Export of Regulated Native Specimen, Dealing With Proceeds of Crime
Criminal Law Border Offences Commonwealth Offences Export of Regulated Native Specimen Dealing With Proceeds of Crime

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Parties

Director of Public Prosecutions (Crown)

Crown

Buddy Pogmore

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Attempted intentional export of regulated native specimens, namely shingle backed lizards
  2. 2 Dealing with money believed to be proceeds of crime

Ratio Decidendi

Given the seriousness of the offences threatening biodiversity, the utilitarian value of an early guilty plea, limited criminal history, financial motivation, family circumstances, and the objective factual findings, the only appropriate sentence is imprisonment: three years aggregate, with release on a recognizance order after 18 months.

Court Disposition

Aggregate sentence of three years imprisonment imposed. Release on recognizance after 18 months.

Orders

  • The offender is convicted of the offences to which he pleaded guilty.
  • Impose an aggregate sentence of three years imprisonment, commencing 20 December 2020 and expiring 9 December 2023.