R (Cth) v Chin [2021] NSWDC 176

R (Cth) v Chin [2021] NSWDC 176

Given the offender's active involvement in packaging and posting regulated native animals for export, but neither as principal nor mere courier, and in light of the utilitarian value of late guilty pleas, lack of harm to animals, and personal circumstances, full-time imprisonment is warranted with a 20% discount for plea; aggregate sentence imposed reflecting concurrency and seriousness.

Parties
Crown: Regina (Cth); Offender: Chek Wei Javill Chin
Jurisdiction
Australia
Judgment Date
08 March 2021
Procedural Posture
Criminal / Sentence
Outcome
Conviction; sentence of imprisonment imposed.
Legal Topics
Sentencing, Offences Against the Environment Protection and Biodiversity Conservation Act 1999 (cth), Exporting Regulated Native Animal Species, Guilty Plea Discount, Role of Offender in Smuggling Syndicate
Criminal Law Sentencing Offences Against the Environment Protection and Biodiversity Conservation Act 1999 (cth) Exporting Regulated Native Animal Species Guilty Plea Discount Role of Offender in Smuggling Syndicate

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Parties

Regina (Cth)

Crown

Chek Wei Javill Chin

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Sentencing for offences of exporting, attempting to export, and aiding and abetting attempted export of regulated native animals under the EPBC Act 1999 (Cth)
  2. 2 Assessment of offender's role within smuggling syndicate
  3. 3 Consideration of aggravating and mitigating factors including remorse, motivation, utilitarian value of guilty plea, and absence of harm to animals

Ratio Decidendi

Given the offender's active involvement in packaging and posting regulated native animals for export, but neither as principal nor mere courier, and in light of the utilitarian value of late guilty pleas, lack of harm to animals, and personal circumstances, full-time imprisonment is warranted with a 20% discount for plea; aggregate sentence imposed reflecting concurrency and seriousness.

Court Disposition

Conviction; sentence of imprisonment imposed.

Orders

  • On each of the nine counts, offender convicted and sentenced to imprisonment.
  • Aggregate sentence: Imprisonment for 3 years and 6 months, with a non-parole period of 2 years and 4 months, commencing 9 October 2019 and expiring 8 February 2022. Balance of sentence expires 8 April 2023.