Li v R [2016] NSWDC 275

District Court New South Wales

Medium Neutral Citation: Li v R [2016] NSWDC 275 Hearing dates: 5 February 2016 Date of orders: 05 February 2016 Decision date: 05 February 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal dismissed Catchwords: CRIMINAL LAW – Severity appeal – Intentionally damage motor vehicle – Following parking dispute, the Appellant "keyed" the victim's motor vehicle causing $3,806 damage – Appellant denied offence during ERISP – Found guilty after hearing – Compensation paid following order of Local Court – No evidence of remorse – Appellant a Chinese immigrant and permanent resident – No objective evidence supporting Appellant's fear of a conviction interfering with visa status nor her working with children Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Road Transport (General) Act 2005 Cases Cited: Hoffenberg v The District Court of New South Wales [2010] NSWCA 142 R v Mauger [2012] NSWCCA 51 Category: Principal judgment Parties: Xiaotang Li (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Mr D Petrushnko (Appellant) Solicitor for the Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2015/132349 Publication restriction: No Decision under appeal Court or tribunal: Hornsby Local Court Jurisdiction: Criminal Date of Decision: 2 November 2015 Before: Viney LCM File Number(s): 2015/132349