R v Man Lung Ma [2024] NSWDC 573

R v Man Lung Ma [2024] NSWDC 573

Given the significant and premeditated nature of the offending, involving the attempted export of 99 regulated native Australian reptiles in 19 discrete offences, with commercial motivation, and taking into account the harm to animal welfare, principles of general deterrence, early guilty pleas, contrition, and lack of criminal history, the only appropriate penalty is an aggregate sentence of full-time imprisonment for 3 years and 6 months with a non-parole period of 2 years.

Parties
Prosecutor: Rex (Commonwealth); Offender: Man Lung Ma
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced to aggregate term of imprisonment of 3 years and 6 months with a non-parole period of 2 years.
Legal Topics
Sentencing, Attempted Export of Regulated Native Specimens, Commonwealth Offences, Wildlife Crime
Criminal Law Environmental Law Sentencing Attempted Export of Regulated Native Specimens Commonwealth Offences Wildlife Crime

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Parties

Rex (Commonwealth)

Prosecutor

Man Lung Ma

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for 19 offences of attempted export of regulated native specimens contrary to s 303DD(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and s 11.1(1) of the Criminal Code (Cth)
  2. 2 Determination of objective seriousness and relevant sentencing principles for such offences
  3. 3 Application of federal sentencing law including aspects of general and specific deterrence

Ratio Decidendi

Given the significant and premeditated nature of the offending, involving the attempted export of 99 regulated native Australian reptiles in 19 discrete offences, with commercial motivation, and taking into account the harm to animal welfare, principles of general deterrence, early guilty pleas, contrition, and lack of criminal history, the only appropriate penalty is an aggregate sentence of full-time imprisonment for 3 years and 6 months with a non-parole period of 2 years.

Court Disposition

Offender convicted and sentenced to aggregate term of imprisonment of 3 years and 6 months with a non-parole period of 2 years.

Orders

  • Offender is convicted of 19 offences of attempted export of regulated native specimens contrary to s 303DD(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and s 11.1(1) of the Criminal Code (Cth).
  • Offender sentenced to aggregate term of imprisonment of 3 years and 6 months commencing on 27 September 2023 and expiring on 26 March 2027.