R v Chong [2019] NSWDC 752

District Court New South Wales

Medium Neutral Citation: R v Chong [2019] NSWDC 752 Hearing dates: 1/11/19, 14/11/19 Date of orders: 14 November 2019 Decision date: 14 November 2019 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Sentenced to an aggregate sentence of imprisonment of 15 months. Pursuant to sections 19AC and 20(1)(b) of the Crimes Act (Cth) I order that the offender be released on a recognisance release order after serving 9 months, conditional on paying security of $100 and being of good behaviour for 6 months. Catchwords: Crime – Commonwealth – Sentence - Attempting to export regulated native specimens - lizards Legislation Cited: Crimes Act 1914 Environment Protection and Biodiversity Conservation Act 1999 Evidence Act Category: Sentence Parties: Commonwealth DPP – Prosecution King Chuen Chong - Offender Representation: Counsel: Mr H Williams for the Commonwealth DPP Mr H Dhanji SC for Offender

Solicitors: File Number(s): 18/285242 Publication restriction: None

Judgment 1. The offender is before the court for sentence on 8 offences of attempting to export regulated native specimens, an offence under section 303DD of the Environment Protection and Biodiversity Conservation Act 1999 ("EPBC Act"). The maximum penalty for each offence is 10 years imprisonment and/or a fine of $110,000. 2. The offender was arrested on 17 September 2018, and on 29 January 2019 entered pleas of guilty to all offences. I will give him the full benefit of those early guilty pleas, in so far as they are of utilitarian value in avoiding the cost and inconvenience of a trial. I will consider the quantum of that discount later in these reasons, when considering other matters which the offender is entitled to have taken into account in his favour. 3. In sentencing for these Commonwealth offences, the court is required to have regard to the matters set out in Part 1B of the Crimes Act 1914, and in particular the matters, in so far as they are relevant, in section 16A. I consider the following matters relevant.