Antaw v R; Kitson v R; Lee v R (No 2) [2021] NSWDC 821

District Court New South Wales

Medium Neutral Citation: Antaw v R; Kitson v R; Lee v R (No 2) [2021] NSWDC 821 Hearing dates: 1 and 5 March 2021 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: In respect of Mr Antaw and Ms Kitson each: (1) The sentence appeal is upheld. (2) The offence is found proved, but pursuant to s 10 of the Crimes (Sentencing Procedure) Act 1999, without proceeding to conviction, the charge is dismissed. In respect of Ms Lee: (1) I refuse the s 10 application. (2) The sentence appeal is dismissed. (3) I convict Ms Lee of the offence of failing without reasonable excuse to follow a police direction and impose a fine of $150. Catchwords: CRIME — appeal and review — appeal from Local Court to District Court — by person sentenced against sentence – refuse/fail to comply with direction – s 10 – fine – whether trivial – whether serious – relevance of antecedents Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 3A, s 10, s 17 Law Enforcement (Powers and Responsibilities) Act 2002, s 199 Cases Cited: Antaw v R; Kitson v R; Lee v R [2021] NSWDC 820 Chin v Ryde City Council [2004] NSWCCA 167 David Morse (Office of State Revenue) v Chan and Anor [2010] NSWSC 1290 Hoffenberg v The District Court of New South Wales [2010] NSWCA 142 R v Ingrassia (1997) 41 NSWLR 447 R v Mauger [2012] NSWCCA 51 R v Paris [2001] NSWCCA 83 R v Piccin (No 2) [2001] NSWCCA 323 Regina v Van Nam Nguyen [2002] NSWCCA 183 Walden v Hensler (1987) 163 CLR 561 Texts Cited: Sentencing Bench Book (Judicial Commission of New South Wales) Category: Sentence Parties: Proceedings 2020/00003554 Roy Edmond Antaw (appellant) Regina (respondent)