Chin v. Ryde City Council [2004] NSWCCA 167

Reported Decision : 133 LGERA 312

New South Wales Court of Criminal Appeal

CITATION : Chin v. Ryde City Council [2004] NSWCCA 167 revised - 10/06/2004 HEARING DATE(S) : 10 May 2004 JUDGMENT DATE : 27 May 2004

JUDGMENT OF : Hodgson JA at 1; Levine J at 41; Hidden J at 42 DECISION : 1. Appeal against conviction dismissed. 2. Leave to appeal against sentence granted, and appeal against sentence dismissed. 3. Appellant to pay the respondent's costs of the appeal and application.

CATCHWORDS : CRIMINAL LAW - ENVIRONMENT LAW - LOCAL GOVERNMENT - Appeal - Offences pursuant to. s.125 Environmental Planning & Assessment Act 1979 - Carrying out prohibited development being a use of land - Directions to cease prohibited use complied with - Whether still open to Council to prosecute - Whether offence committed only when use commences or for so long as use continues - CRIMINAL LAW - Appeal against sentence - Sentencing judge refers to s.10 of Crimes (Sentencing Procedure) Act 1999 - Whether failed to consider factors in s.10(3) - Whether penalty manifestly excessive. LEGISLATION CITED : Environmental Planning & Assessment Act 1979 ss.4,76B,125,127 Crimes (Sentencing Procedure) Act 1999 s.10 NSW Crime Commission v.Kelly [2003] NSWSC 56 CASES CITED : Rao v. Canberbury City Council [2000] NSWCCA 471 R v. Piccin No.2 [2001] NSWCCA 323 PARTIES : Larry Chung Ka Chin - appellant Ryde City Council - respondent FILE NUMBER(S) : CCA 60052/04 COUNSEL : J. Overall for appellant C.J. Leggat with T. To and S. Mason for respondent SOLICITORS : R. Zhou for appellant M. Hewett for respondent