Anthony John Sidgreaves v R; AJS Hotel Management Pty Ltd v R [2016] NSWDC 81

Anthony John Sidgreaves v R; AJS Hotel Management Pty Ltd v R [2016] NSWDC 81

For the Security Industry Act offence, the company was strictly liable for employing an unlicensed person as the security guard's NSW licence had lapsed and mutual recognition was not in effect, and mistake as to licence status is one of law, not fact. For the Liquor Act offence, the appellant was not the licensee at the relevant time because his application had not been approved, and the statutory deeming provisions did not apply to him, so he could not be guilty of the offence charged.

Parties
First Appellant: Anthony John Sidgreaves; Second Appellant: AJS Hotel Management Pty Ltd; Respondent: Regina
Jurisdiction
Australia
Judgment Date
11 May 2016
Procedural Posture
Criminal Appeal / District Court Judgment on Appeal of Convictions and Sentence
Outcome
Security Industry Act: Appeal against conviction dismissed, severity appeal allowed; sentence set aside and matter dismissed under s 10 Crimes (Sentencing Procedure) Act 1999. Liquor Act: Appeal against conviction allowed and conviction/sentence set aside.
Legal Topics
Conviction Appeal, Liquor Licensing, Security Licensing, Strict Liability Offence, Licensee Status
Criminal Law Conviction Appeal Liquor Licensing Security Licensing Strict Liability Offence Licensee Status

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Anthony John Sidgreaves

First Appellant

AJS Hotel Management Pty Ltd

Second Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / District Court Judgment on Appeal of Convictions and Sentence

Legal Issues

  1. 1 Whether the appellant was the licensee of the hotel on 30 August 2012 for the purpose of s 11(2) Liquor Act 2007
  2. 2 Whether the company had a defence to the offence of employing an unlicensed security guard under Security Industry Act 1997 s 39(1)

Ratio Decidendi

For the Security Industry Act offence, the company was strictly liable for employing an unlicensed person as the security guard's NSW licence had lapsed and mutual recognition was not in effect, and mistake as to licence status is one of law, not fact. For the Liquor Act offence, the appellant was not the licensee at the relevant time because his application had not been approved, and the statutory deeming provisions did not apply to him, so he could not be guilty of the offence charged.

Court Disposition

Security Industry Act: Appeal against conviction dismissed, severity appeal allowed; sentence set aside and matter dismissed under s 10 Crimes (Sentencing Procedure) Act 1999. Liquor Act: Appeal against conviction allowed and conviction/sentence set aside.

Orders

  • The appeal against conviction under Security Industry Act 1997 is dismissed.
  • The appeal against severity under Security Industry Act 1997 is allowed.