Lee v R [2022] NSWDC 178

District Court New South Wales

Medium Neutral Citation: Lee v R [2022] NSWDC 178 Hearing dates: 24 March 2022 Date of orders: 24 March 2022 Decision date: 24 March 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) Allow the appeal (2) Confirm the conviction (3) Vary the ICO to one of 18 months to commence on 20 January 2022 (4) Confirm the fine of $10,000 (5) Confirm the orders for professional costs of $3,400 Catchwords: SENTENCING — Penalties — Intensive correction orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Health Practitioner National Law Act 2009 Health Practitioner Regulation National Law (NSW) No 86a of 2009 Category: Principal judgment Parties: Zhin Sin Lee (Appellant) Australian Health Practitioners Regulation Agency (Respondent) Representation: Ms Razia Shafiq (counsel for the Appellant)

Ms Hoile (counsel for the Respondent) File Number(s): 2021/00298925 Decision under appeal Court or tribunal: Sydney Local Court Jurisdiction: Criminal Date of Decision: 20 January 2022 Before: Bartley LCM File Number(s): 2021/00298925

Ex tempore revised Judgement

Introduction 1. Zhin Zin Lee pleaded guilty on 18 November 2021 and was convicted on 20 January 2022 of an offence contrary to cl 116(1)(d) Health Practitioner Regulation National Law (NSW) No 86a of 2009. The offence, shortly stated, was being not registered as a health practitioner and claiming qualification to practise. The offence occurred between 18 January 2021 and 9 August 2021, a period a little less than eight months. The maximum penalty specified for this offence since 1 July 2019 is imprisonment for three years and a fine of $60,000. The Local Court jurisdiction is limited to two years and a fine of $11,000.