Liu v R [2021] NSWDC 751

Liu v R [2021] NSWDC 751

The appellant knowingly made false statements in documents required by the National Consumer Credit Protection Act 2009 (Cth), and the asserted language difficulties were objectively inconsistent with his education and professional experience; however, in light of antecedents, delay, absence of actual victim harm,...

Source-derived case information.

Parties
Appellant: Guodong Liu; Respondent: Regina (Cth)
Jurisdiction
Australia
Judgment Date
30 July 2021
Procedural Posture
Criminal Appeal / Appeal From Local Court to District Court; Judgment
Outcome
Appeal against conviction dismissed; appeal against sentence allowed.
Legal Topics
False Statements in Applications, Appeal Against Conviction, Appeal Against Sentence, Language Difficulties as Defence, Sentencing Discretion, S 19 B Crimes Act 1914 (cth) Bonds
Criminal Law Consumer Credit Law False Statements in Applications Appeal Against Conviction Appeal Against Sentence Language Difficulties as Defence Sentencing Discretion S 19 B Crimes Act 1914 (cth) Bonds

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Parties

Guodong Liu

Appellant

Regina (Cth)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Local Court to District Court; Judgment

Legal Issues

  1. 1 Whether appellant knowingly made false statements in documents under s 225(3) National Consumer Credit Protection Act 2009 (Cth)
  2. 2 Whether language difficulties explained or excused the false statements
  3. 3 Whether convictions and sentence imposed by the Local Court should be set aside

Ratio Decidendi

The appellant knowingly made false statements in documents required by the National Consumer Credit Protection Act 2009 (Cth), and the asserted language difficulties were objectively inconsistent with his education and professional experience; however, in light of antecedents, delay, absence of actual victim harm, and rehabilitation steps, it is inexpedient to impose more than nominal punishment or record a conviction, warranting orders under s 19B of the Crimes Act 1914 (Cth).

Court Disposition

Appeal against conviction dismissed; appeal against sentence allowed.

Orders

  • Convictions and fines imposed in Local Court set aside.
  • Appellant discharged without conviction under s 19B(1) Crimes Act 1914 (Cth), upon recognizance of $1,000 to be of good behaviour for two years and to appear if called by the Court.