Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vu v New South Wales Police Service [2007] FCA 1508
COPYRIGHT – Offence under s 132(2A)(a) of the Copyright Act 1968 (Cth) – possession of infringing copies of DVDs for the purposes of sale or letting for hire – penalty imposed CRIMINAL LAW – sentencing – appeal against severity of sentence – where appellant has pleaded guilty at the first available opportunity – s 16A(2) of the Crimes Act 1914 (Cth) – factors to be taken into account when exercising sentencing discretion – totality principle – 'instinctive synthesis' – appeal allowed Copyright Act 1968 (Cth) s 132(2A)(a) Crimes Act 1914 (Cth) s 16A(2) Bell v Queensland (2006) 71 IPR 139 followed Chen v New South Wales Police Service (2003) 59 IPR 431 discussed Markarian v R (2005) 215 ALR 213; (2005) 79 ALJR 1048 followed Pontello v Ceselli (1989) 16 IRP 645 distinguished Pontello v Giannotis (1989) 16 IPR 174 discussed R v Carter (1992) 13 Cr App R (S) 576 referred to R v Duckett [1998] 2 Cr App R (S) 59 distinguished R v Kemp (1995) 16 Cr App R (S) 941 referred to R v Sutton (2004) 41 MVR 40; [2004] NSWCCA 225 followed VAN HANH VU v NEW SOUTH WALES POLICE SERVICE NSD 1510 OF 2007
RARES J
20 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1510 OF 2007
BETWEEN: VAN HANH VU
Appellant
AND: NEW SOUTH WALES POLICE SERVICE
Respondent
JUDGE: RARES J
DATE OF ORDER: 20 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT:
1. Allows the appeal. 2. Sets aside the sentence imposed by the Local Court of New South Wales on 20 June 2007 and in lieu thereof makes the following orders: (a) Convicts the appellant of each of the offences 1 to 35 in the Court Attendance Notices listed first before Bankstown Local Court on 18 April 2007 and listed now before the Court. (b) Orders that the appellant be released without passing sentence on him upon the appellant giving security by himself of $1,000 and complying with the following conditions: (i) that the appellant be of good behaviour for three years from 20 August 2007; (ii) that the appellant pay to the Commonwealth a pecuniary penalty of $5,000, such penalty to be payable by monthly instalments of $200 per month, the first of such instalments to be payable on 20 November 2007, continuing each month until the full sum of $5,000 is paid.
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