Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Le v The Queen [2007] FCA 1463
COPYRIGHT & TRADE MARKS - conviction for offences under Copyright Act 1968 (Cth) and Trade Marks Act 1995 (Cth) – appeals against severity of sentences imposed for custodial sentence with non-release period – the Court's jurisdiction – whether errors in sentencing – principle against interference with exercise of sentencing discretion Copyright Act 1968 (Cth) ss 131B, 132(2A)(a), 132(3), 132(6AA), 132(6A) Trade Marks Act 1995 (Cth)ss 148(e), 149, 190, 191, 195 Federal Court of Australia Act 1976 (Cth) ss 24, 25, 32 Crimes Act 1914 (Cth) s 4J, 16A, 17A, 20(1)(b) Hamm v Middleton (1999) 44 IPR 656 cited Holyoak v The Queen(1995) 82 A Crim R 502cited Kovac v The Queen (1977) 15 ALR 637applied Markarian v The Queen(2005) 215 ALR 213cited R v Cooper[2006] NSWSC 609cited R v El Karhani (1990) 21 NSWLR 370cited R v Ellis(1986) 6 NSWLR 603 cited R v El-Rashid(unreported, Court of Criminal Appeal, NSW, 7 April 1995) cited R v Maslen & Shaw (1995) 79 A Crim R 199 cited R v Paull (1990) 20 NSWLR 427cited R v Ronen and Ors[2005] NSWSC 991 cited R v Tait (1979) 24 ALR 473 applied R v Thompson(1975) 11 SASR 217 cited R v Thomson; R v Houlton (2000) 49 NSWLR 383 cited R v Williams[2005] NSWSC 315 cited R v Winchester(1992) 58 A Crim R 345cited Wong v The Queen (2001) 207 CLR 584 cited
THE THO LE v THE QUEEN NSD 127 OF 2007
EDMONDS J
18 SEPTEMBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 127 of 2007
ON APPEAL FROM LIVERPOOL LOCAL COURT BETWEEN: THE THO LE
Appellant
AND: THE QUEEN
Respondent
JUDGE: EDMONDS J DATE OF ORDER: 18 SEPTEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The sentence imposed on the appellant by his Honour Magistrate Shepherd at Liverpool Local Court on 30 June 2006 be and is hereby varied by substituting a non-release period of three months for the eight months stipulated, with credit being given for the five days the appellant was in custody following her conviction on 30 June 2006 pending lodgment of an appeal. 2. Accordingly, the appellant is to serve a term of imprisonment of twelve (12) months to commence on 18 September 2007 and to expire on 17 September 2008 to be released on 12 December 2007, upon giving security by recognizance of $1,000 on condition that the appellant is to be of good behaviour for three (3) years. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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