NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Liu v R [2021] NSWDC 751 Hearing dates: 29 July 2021 - 30 July 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal against finding of guilt dismissed Appeal against sentence allowed Fines set aside and a bond under Crimes Act 1914 (Cth) s19B(1) Catchwords: CRIME – APPEAL FROM LOCAL COURT - Three charges under National Consumer Credit Protection Act 2009 (Cth) s225(3) - Appellant relied on alleged language difficulties but gave no evidence in either the Local Court or District Court - Such difficulties objectively inconsistent with appellant's academic achievements and work and life experience – Subjective complaints – Language difficulties self-serving and given little weight – Mule v The Queen [2005] HCA 49 applied – Appropriate to deal with matter under s19B(1) Crimes Act 1914 (Cth) – Matta v Australian Competition and Consumer Commission [2000] FCA 729 considered. Legislation Cited: Crimes Act 1914 (Cth) National Consumer Credit Protection Act 2009 (Cth) Cases Cited: Matta v Australian Competition and Consumer Commission [2000] FCA 729 Mule v The Queen [2005] HCA 49 Texts Cited: Nil Category: Sentence Parties: Appellant- Guodong Liu Regina (Cth) - Crown Representation: Appellant S. Martinez Crown H. Panzizzutti File Number(s): 2019/00364930 Publication restriction: Nil.
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