RSPCA v Hongyou Zou [2020] NSWLC 3

Local Court New South Wales

Medium Neutral Citation: RSPCA v Hongyou Zou [2020] NSWLC 3 Hearing dates: 16 December 2019, 29 January and 19 February 2020 Date of orders: 19 February 2020 Decision date: 19 February 2020 Jurisdiction: Criminal Before: Judge G L Henson AM, Chief Magistrate Decision: Sequence 1 - The offender is sentenced to a term of imprisonment of 16 months, with a non-parole period of 8 months. Sequence 2 - The offender is sentenced to a term of imprisonment of 4 months, to be served concurrently. Pursuant to section 31(1)(b) of Prevention of Cruelty to Animals Act 1979, the offender is prohibited from acquiring or caring for any animal for a period of 10 years. Catchwords: SENTENCING – particular offences – commit act of aggravated cruelty upon animal – fail to provide vet treatment – dog starved to death - discount for utilitarian value of guilty plea – high range objective seriousness – no prior criminal record - difficult to conclude offender displays contrition or remorse given attempts to mislead investigators – moral culpability towards highest level - need for retribution and general deterrence call for significant sentence – no other sentence than term of imprisonment appropriate – special circumstances Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 21A(2), 21A(3) Prevention of Cruelty to Animals Act 1979 ss 5(3)(c), 6(1), 31(1)(b) Cases Cited: R v Campbell [2018] NSWCCA 87 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Zamagias [2002] NSWCCA 17 Category: Sentence Parties: Royal Society for the Prevention of Cruelty to Animals (RSPCA) (prosecution) Hongyou Zou (defendant) Representation: Ms K Hewson, for the prosecution Legal Aid (amicus curiae), for the defendant File Number(s): 2019/00359868 Publication restriction: Nil