R v Pogmore [2020] NSWDC 883

District Court New South Wales

Medium Neutral Citation: R v Pogmore [2020] NSWDC 883 Hearing dates: 11 December 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Criminal Before: Buscombe DCJ Decision: Aggregate sentence imposed one of 3 years imprisonment. To be released on a recognizance release order under the Commonwealth's Crimes Act after serving 18 months Catchwords: CRIME — Border offences — Commonwealth offences — Export regulated native specimen CRIME — Commonwealth offences — Dealing with proceeds of a crime Legislation Cited: Criminal Code Act 1995 (Cth) ss 11.1(1), 400.5(1) Environment Protection Biodiversity Conservation Act 1999 (NSW) s 303.DD Crimes Act 1900 (NSW) Part 1B, s 16A Cases Cited: The Queen v Kennedy [2019] SNWCCA 242 Category: Sentence Parties: Director of Public Prosecutions (Crown) Buddy Pogmore (Offender) Representation: Counsel: Ms A Hedger (Crown) Mr Fernandez (Offender)

Solicitors: Ms T Regan (Offender) File Number(s): 2019/161624 Publication restriction: Nil

SENTENCE

Introduction 1. The offender is to be sentenced having pleaded guilty to the following offences on an indictment: 2. Count 1, that on or about 24 July 2018 at Rooty Hill and elsewhere he attempted to intentionally export a specimen, namely, three shingle backed lizards, knowing that the specimens were a regulated native specimen. 3. Count 2, is an offence that on or about the same day, as in Count 1, at Marayong and elsewhere, he attempted to intentionally export a specimen, namely three shingle backed lizards knowing that the specimens were a regulated native specimen. 4. Those two offences are offences under Sections 11.1(1) and 303.DD of sub (1) of the Commonwealth's Criminal Code and the Environment Protection Biodiversity Conservation Act. Both offences each carry a maximum penalty of 10 years imprisonment and/or a fine equivalent to 1,000 penalty units. 5. The third count is an offence that between 29 October 2017 and 19 March 2019 at Lethbridge Park and elsewhere the offender dealt with money that was, and he believed to be, the proceeds of crime and at the time of the dealing the value of the money was $50,000 or more. That is an offence contrary to s 400.5(1) of the Criminal Code. It has a maximum penalty of 15 years imprisonment and a fine of 900 penalty units. 6. There are also two State offences on the s 166 Certificate. Those offences are under the New South Wales Biodiversity Conservation Act and are fine only offences. The principal offences, being Commonwealth offences, I am to sentence the offender in accordance with the Commonwealth Crimes Act and in particular Part 1B and in accordance with, in particular s 16A.