R v Evan Alexander PETERSEN [2009] NSWDC 282

New South Wales District Court

CITATION: R v Evan Alexander PETERSEN [2009] NSWDC 282

HEARING DATE(S): 28 August 2009. EX TEMPORE JUDGMENT DATE : 28 August 2009

JURISDICTION: DC Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The offender is sentenced to imprisonment for eighteen months. I order that he is to be released at the expiration of twelve months upon him entering into a recognizance pursuant to s 21B of the Crimes Act in the sum of $1,000 to be of good behaviour for a period of six months from the release date and to appear to receive sentence if called upon to do so at any time in respect of any breach within that period. I order that that sentence of imprisonment be served by way of periodic detention.

CATCHWORDS: Criminal law - Sentence - Courier - Attempt to export reptiles

LEGISLATION CITED: Crimes Act 1914 (Cth) Environment Protection and Biodiversity Act

CASES CITED: R v Morgan [2007] NSWCCA 8

PARTIES: The Crown Evan Alexander Petersen

FILE NUMBER(S): DC 2009/11/0455

COUNSEL: T. Anderson - The Crown P Boulten SC - Offender

SOLICITORS: Commonwealth DPP Murphy's Lawyers - Offender

SENTENCE

1 HIS HONOUR: Evan Petersen developed an interest in reptiles at a young age. This led to him working voluntarily at a local pet shop and later, when he was old enough being employed there. It also brought him into contact with others with interests in reptiles including a man I will describe as Mr X. I will call him Mr X because I do not know his name.

2 Mr Petersen had a girlfriend who, although she lived in Shanghai, would visit Phuket in Thailand regularly. It was something of a long distance relationship but the offender flew to Phuket to meet up with his girlfriend when he could. On one occasion, Mr X approached Mr Petersen and made him an offer. The offer was this: If he flew to Bangkok smuggling some reptiles out of the country, Mr X would pay for his holiday and give him some spending money as well.