R v Lee [2019] NSWDC 888

District Court New South Wales

Medium Neutral Citation: R v Lee [2019] NSWDC 888 Hearing dates: 17 December 2019 Decision date: 18 December 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. s166 matters - SEQ 004 & 006 - taken into account on sentence imposed below. Indicative sentences: 001 - Count 1 – 1 year's imprisonment 005 – Count 2 – 2 years' imprisonment 007 – Count 3 – 1 year's imprisonment Aggregate sentence: Pursuant to s20(1)(b) of the Crimes Act 1914 the offender is sentenced to a total term of imprisonment for 3 years to commence on 18 December 2019 and to expire on 17 December 2022. The offender is to be released after 17 June 2021 upon entering into a recognizance in the sum of $5000 conditional that he be of good behaviour for a period of 18 months. I make a forfeiture order in the sum of $10,350 as per the SMO handed up in court today. Catchwords: CRIMINAL – Sentence - possess non‑native CITES/regulated specimen - official abuse public office to gain advantage - deal with proceeds of crime, money/property, $10,000 or more – s16BA offences taken into account – systemic and ongoing breach of trust - flagrant disregard for responsibilities - aggregate sentence – subjective matters Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Environment Protection and Biodiversity Conservation Act 1999 Cases Cited: Macarian v The Queen (2005) 215 ALR 213. Morgan v R (2007) NSWCCA 8 Category: Sentence Parties: Regina Lee, Joseph Ian Representation: Counsel: Def: Mr K Ginges