Henri Robert Morgan v R [2007] NSWCCA 8

New South Wales Court of Criminal Appeal

CITATION: Henri Robert Morgan v R [2007] NSWCCA 8

HEARING DATE(S): 24 January 2007

JUDGMENT DATE: 24 January 2007

JUDGMENT OF: Beazley JA at 28; Buddin J at 1; Hislop J at 29

DECISION: 1 Grant leave to appeal. 2 In respect of the hindering offence, quash the sentence imposed in the District Court and in lieu thereof impose a sentence of 12 months imprisonment to commence on 20 April 2006. 3 In respect of the offence of attempting to export native specimens, confirm the sentence of 2 years imposed in the District Court but order that it commence on 20 July 2006 and expire on 19 July 2008. 4 Quash the order made in the District Court concerning the applicant's release and in lieu thereof order that the applicant is to be released on 19 July 2007 upon condition that he enters into a recognisance pursuant to s20(1)(b) of the Crimes Act in the sum of $1,000 to be of good behaviour for a period of 12 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 which may be committed within that period.

CATCHWORDS: Sentencing - offences of attempting to export native birds' eggs and hindering a Commonwealth official in performance of his functions - objects of leglislation - strong subjective case - whether manifestly excessive

Crimes Act 1914 (C'th) LEGISLATION CITED: Criminal Code Act 1995 (C'th) Environment Protection and Biodiversity Conservation Act 1999 (C'th)

R v Bugeja [2001] NSWCCA 196 R v Klein (1989) 39 A Crim R 332 CASES CITED: R v Robinson (1992) 62 A Crim R 374 R v Selig (NSWCCA unreported, 4 April 1990) R v Simon (2003) 142 A Crim R 166 R v Thomson & Houlton (2000) 49 NSWLR 383