Anthony John Sidgreaves v R; AJS Hotel Management Pty Ltd v R [2016] NSWDC 81

District Court New South Wales

Medium Neutral Citation: Anthony John Sidgreaves v R; AJS Hotel Management Pty Ltd v R [2016] NSWDC 81 Hearing dates: 11 May 2016 Date of orders: 11 May 2016 Decision date: 11 May 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The orders I make in relation to the Security Industry Act conviction appeal are: (1) The appeal against conviction is dismissed. (2) The appeal against severity is allowed. (3) I set aside the conviction and the penalty imposed by the magistrate and in lieu thereof I make the following order. (4) The offence is proven. Because of the company's lack of antecedents and the extremely low range of the objective seriousness of the matter considering that at all times the security guard was licensed in Queensland, I deem it inexpedient to inflict any punishment. The charge is dismissed under section 10 Crimes (Sentencing Procedure) Act 1999. 2 The orders I make on the Liquor Act offence conviction appeal are: (1) Appeal against conviction is allowed. (2) I set aside the conviction and the penalty imposed by the magistrate on 1 September 2015. Catchwords: CRIMINAL LAW – appeal - conviction – review – liquor licensing – security licensing – offence of strict liability - whether appellant licensee at the time of offence Legislation Cited: Crimes (Appeal and Review) Act 2001 ss.18, 24 Crimes (Sentencing Procedure) Act 1999 s.10 Liquor Act 2007 ss. 60, 61 Security Industries Act 1997 s.39 Cases Cited: Charara v R [2006] NSWCCA 244 Gianoutsas v Glykis [2006] NSWCCA 137 Fox v Percy (2003) 214 CLR 118 Category: Principal judgment Parties: Anthony John Sidgreaves (First Appellant) AJS Hotel Management Pty Ltd (Second Appellant) Regina (Respondent) Representation: Solicitors: Anothony Sidgreaves (First and Second Appellants) C Hyland, Solicitor for Public Prosecutions, Reposndent File Number(s): 2013/00066229; 2014/00209796