Samanmitmongkhol v R [2021] NSWDC 682

Samanmitmongkhol v R [2021] NSWDC 682

The appeal was allowed because, although the finding of guilt was confirmed, the Crown had not proved beyond reasonable doubt a causal relationship between the appellant's offending and the patron's fatal fall, the offence was toward the lower range of objective seriousness, the patron displayed no objective signs of intoxication until very late, the appellant had taken reasonable and proactive steps as licensee to meet guidelines and prevent intoxication, and the many mitigating factors, guilty plea, assistance, remorse, good rehabilitation prospects and low risk of reoffending made a s 10(1)(b) discharge with a 12-month Conditional Release Order sufficient to meet sentencing purposes.

Jurisdiction
Australia
Judgment Date
02 September 2021
Procedural Posture
Criminal Appeal From Local Court / Appeal Against Conviction Determined in the District Court of New South Wales
Outcome
Appeal allowed; finding of guilt confirmed; conviction set aside; appellant discharged without conviction on a 12-month Conditional Release Order.
Legal Topics
['orders on Appeal' 'permitting Intoxication on Licensed Premises' 'discharge Without Conviction' 'conditional Release Order' 'objective Seriousness and Mitigation']
['criminal Law' 'sentencing' 'liquor Licensing'] ['orders on Appeal' 'permitting Intoxication on Licensed Premises' 'discharge Without Conviction' 'conditional Release Order' 'objective Seriousness and Mitigation']

Case Brief

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Procedural Posture

Criminal Appeal From Local Court / Appeal Against Conviction Determined in the District Court of New South Wales

Legal Issues

  1. 1 ['Whether the appeal from the Local Court conviction should be allowed.' 'Whether the appellant should be discharged without conviction under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999 and placed on a Conditional Release Order.' 'Whether the tragic fall and later death of the intoxicated patron could be brought to account against the appellant as part of the objective facts of the offence.' "Whether the offence was toward the lower range of objective seriousness in light of the appellant's systems, safeguards and opportunity to observe the patron."]

Ratio Decidendi

The appeal was allowed because, although the finding of guilt was confirmed, the Crown had not proved beyond reasonable doubt a causal relationship between the appellant's offending and the patron's fatal fall, the offence was toward the lower range of objective seriousness, the patron displayed no objective signs of intoxication until very late, the appellant had taken reasonable and proactive steps as licensee to meet guidelines and prevent intoxication, and the many mitigating factors, guilty plea, assistance, remorse, good rehabilitation prospects and low risk of reoffending made a s 10(1)(b) discharge with a 12-month Conditional Release Order sufficient to meet sentencing purposes.

Court Disposition

Appeal allowed; finding of guilt confirmed; conviction set aside; appellant discharged without conviction on a 12-month Conditional Release Order.

Orders

  • ['Allow the appeal.' 'Confirm the finding of guilt made by the Magistrate.' 'Set aside the conviction.' 'Pursuant to s 10(1)(b) Crimes (Sentencing Procedure) Act 1999, find the offence proved but without proceeding to conviction discharge the appellant upon her entering into a Conditional Release Order pursuant to s...