Xia Zhang v Office of Licensing, Gaming, Racing [2015] NSWDC 280

District Court New South Wales

Medium Neutral Citation: Xia Zhang v Office of Licensing, Gaming, Racing [2015] NSWDC 280 Hearing dates: 4 November 2015 Date of orders: 09 November 2015 Decision date: 09 November 2015 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 In relation to the offence of 24 January 2015 the appellant is convicted. Pursuant to the terms of s 10A of the Crimes (Sentencing Procedure) Act 1999 I impose no further penalty. 2 In relation to the remaining s 9 offences the Court finds the offences proven. Because the offences were a continuing course of conduct that is dealt with by reference to the conviction in respect of the matter occurring on 24 January 2015, together with the order I intend to make for costs, I deem it inexpedient to inflict any punishment. Those charges are dismissed under section 10(1)(a) of the Crimes (Sentence Procedure Act) 1999. 3 I order that the appellant pay the prosecution's costs in the sum of $4,000. Catchwords: CRIMINAL LAW – appeal – sentence – severity PENALTY – fine – totality – principles – capacity to pay SENTENCE – general deterrence – specific deterrence – remorse – mitigating factors – aggravating factors – plea of guilty in court below – appropriate discount for plea of guilty – other matters – appellant's cultural background – extra curial punishment OTHER – liquor licensing – premises – trading beyond licensed hours – request for information COSTS – prosecution costs Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) ss11, 17, 22 Liquor Act 2007 (NSW) ss 3(1)(a), 3(2), 9(1)(b), 144B, 147 Gaming and Liquor Administration Act 2007 (NSW) ss 21, 34 Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 9, 10A, 10(1)(a), 21A Fines Act 1996 (NSW) s6 Cases Cited: Janindeh v R [2014] NSWCCA 178 Category: Principal judgment Parties: Xia Zhang (Appellant) Office of Licensing, Gaming, Racing (Respondent) Representation: Counsel: Mr Parsons (Appellant) Mr Brasch (Respondent)