8 Oct 2010
The magistrate's sentencing decision was within a proper range: a 6-month starting point for possession for sale of infringing copies reduced by one‑third for the guilty plea to 4 months was appropriate; there were no exceptional or humanitarian circumstances to justify interference, so the appellate court will not disturb the sentence.
14 Nov 2008
The court held the section 121 affidavit, despite form defects, was admissible and sufficient combined with oral evidence to prove ownership and subsistence of copyright; absence of licences was proved by witness evidence and, where applicable, by the application of s17A or by being the only reasonable inference from secure record-keeping systems; both appellants failed to discharge the statutory defence under s118(3)/(6)/(7) because they did not make reasonable enquiries (and Mainland certificates were unreliable or not genuine); appeals against conviction were dismissed and custodial senten…
29 May 1997
The sentencing judge's starting points were manifestly excessive given the limited scale (284 items, retail value about $24,430); custodial sentences were nonetheless justified by persistence and deterrence, but appropriate sentences are: D1 sixteen months imprisonment (starting point two years reduced for plea) and D2 twelve months imprisonment (starting point eighteen months reduced for plea).