CDirector of Public Prosecutions v Ng
[2023] VCC 2200
•24 November 2023
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-22-01850
| DIRECTOR OF PUBLIC PROSECUTIONS (CTH) and DEPARTMENT OF ENERGY, ENVIRONMENT AND CLIMATE ACTION |
| v |
| YEONG HAU NG |
---
JUDGE: | HER HONOUR JUDGE GWYNN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 25 September 2023 | |
DATE OF SENTENCE: | 24 November 2023 | |
CASE MAY BE CITED AS: | CDPP v Ng | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 2200 | |
REASONS FOR SENTENCE
---
Subject:Criminal law
Catchwords: Attempt to export regulated native specimens contrary to section 303DD(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), export regulated native specimens contrary to section 303DD(1) of the Environment Protection and Biodiversity Conversation Act 1999 (Cth).
Legislation Cited: Environment Protection and Biodiversity Conservation Act 1999 (Cth), Wildlife Act 1975 (Vic) Criminal Code Act 1995 (Cth), Prevention of Cruelty to Animals Act 1986 (Vic)
Cases Cited:Morgan v R [2002] NSWCCA 8
Sentence: Convicted and discharged on summary charges 1,6,8 and 13; Convicted and fined $1000 on summary charge 26; Convicted and sentenced to total effective sentence of 15 months on indictable offences – to be released on recognisance release order after serving 6 months, conditional on paying a security of $100 and being of good behaviour for 12 months; s6AAA: But for plea of guilt the imposed sentence would have been 24 months imprisonment and ordered to be released on a recognisance release order after serving 12 months, conditional on paying security of $500 and being of good behaviour for 18 months.
---
APPEARANCES: | Counsel | Solicitors |
| For the CDPP | Mr B. Stephens | Director of Public Prosecutions (Cth) |
| For the Department of Energy, Environment and Climate Action For the Offender | Mr C. Liaskos Ms B. Myers | Department of Energy, Environment and Climate Action Domantay Legal |
HER HONOUR:
1Yeong Hau Ng, you have pleaded guilty on indictment to two charges of attempting to export regulated native specimens and two charges of export regulated native specimens.
2You have also pleaded guilty to five related summary offences as follows:
(a) Two charges of possess living wildlife and failing to keep them in an adequate enclosure;
(b) Two charges of importing wildlife without a permit; and
(c) One charge of failing to provide an animal with sufficient food.
3In sentencing you for these crimes, I must have regard to the maximum penalties for the offences you have committed. These maximum penalties reflect the seriousness with which Parliament regards each offence. Those maximum penalties are as follows:
(a) Attempt to export regulated native specimens – 10 years imprisonment;
(b) Export regulated specimens – 10 years imprisonment;
(c) Possess living wildlife and failing to keep them in an adequate enclosure – 50 penalty units;
(d) Import wildlife without a permit – 100 penalty units; and
(e) Failing to provide an animal with sufficient food – 12 months imprisonment.
4The circumstances of your offending were set out in documents titled 'Prosecution Opening for Plea' dated 21 September 2023 and 'Summary of Offending – Related Summary Offences' dated 22 September 2023. These are agreed documents and represent your acceptance of the elements of the offences to which you have pleaded guilty, as well as the factual basis on which I am to sentence.
The Offending
5I will not repeat the entire summaries as they are a matter of record but, in brief terms, the offending that gives rise to these charges occurred between 28 September 2021 and 15 November 2021.
6During this period, you packaged and lodged at various Australia Post outlets in Victoria nine parcels containing a total of thirty eight regulated native specimens bound for Hong Kong. Seven of the parcels were intercepted before leaving Australia and two of them were exported and intercepted upon arrival in Hong Kong.
7You did not hold a permit or exemption to allow you to export regulated native specimens pursuant to the Environment, Protection and Biodiversity Conservation Act 1999 (Cth).
Charge 1 – Attempt to Export Regulated Native Specimens (28 September 2021)
8In relation to Charge 1, attempt to export regulated specimens, on 28 September 2021 you attended the Tarneit Licensed Post Office on two occasions and the Hoppers Crossing Business Hub on two occasions, lodging a total of four parcels bound for Hong Kong.
9Each parcel contained false sender details and stated on the customs declaration that they contained 'kids' toys' to varying values of between $80 - $95.
10These parcels in fact contained lizards concealed in black netting material in plastic takeaway containers, with holes punched in the lids. They also contained scrunched up newspaper and plastic toy dinosaurs. There was no food or water in any of the parcels.
11Three of the parcels were intercepted by Australia Post screening officers at the Melbourne Gateway Facility (MGF) on 6 October 2021 and were collected and deconstructed by Australian Border Force (ABF) and the Department of Agriculture, Water and the Environment (DAWE) officers on 7 October 2021. Another parcel was intercepted by the MGF and collected and deconstructed by ABF on 5 October 2021. The parcels contained lizards as follows:
(a) Parcel EJ281447692AU had six live Western Blue-tongued lizards. Two of the lizards had emaciated hind limbs and tails with bones visible;
(b) Parcel EJ281419541AU contained five live Western Blue-tongued lizards. Two of the lizards were severely kinked and unable to move or stretch out. One lizard had extremely emaciated rear limbs and tail;
(c) Parcel EJ281414805AU had four live Blotched Blue-tongued lizards. The scrunched up newspaper in the parcel was covered in faeces and urine. The first lizard, which was squished having moved within the box and gotten stuck, was found to be cold, listless, and dehydrated. Its body was contorted from being bound tightly in the black netting material. The second lizard appeared emaciated and dehydrated and was cold to the touch. Its body was contorted from being tightly bound. The third lizard was larger and stuck in a contorted position. The fourth lizard was also stuck in a contorted position within a stocking and had shed its skin. It had a deformity along its back and tail and was holding itself in an unusual posture; and
(d) Parcel EJ281390675AU contained three live Common Blue-tongued lizards.
Charge 2 & 3: Export regulated native specimens on 28 September 2021 and 8 November 2021
12The two charges of export regulated native specimen were carried out as follows:
(a) On 28 September 2021, you attended the Hoppers Crossing Business Hub and lodged a parcel bound for Hong Kong, containing false sender details. The customs declaration stated it contained ‘kids' toys’ valued at $90; and
(b) On 8 November 2021, you lodged a further parcel at the Tarneit Licensed Post Office containing false sender details bound for Hong Kong. The customs declaration stated that the parcel contained ‘shoes, toy’ to the value of $60;
13Both parcels were processed and exported to Hong Kong. The first arrived on 13 October 2021, the second on 22 November 2021 and Hong Kong officials advised ABF that each parcel had been intercepted.
14The first parcel (EJ281400205AU) contained four live Blotched Blue-tongued lizards.
15The second parcel (EJ283532671AU) contained two live Common Blue-tongued lizards. The lizards were concealed in stockings and located in a pair of black shoes. The parcel was filled with plastic dinosaurs of varying sizes.
Charge 4: Attempt to export regulated native specimens on 15 November 2021
16Charge 4, attempt to export regulated native specimens, occurred on 15 November 2021. You lodged a further three parcels; one at Sunshine West Licensed Post Office and two at the Tarneit Licensed Post Office, across three separate attendances. Again, the parcels contained false sender details and were bound for Hong Kong, with the customs declaration stating they contained ‘shoes, toys’ to varying values of between $60 - $80.
17Parcel EJ283885373AU was intercepted by Australia Post screening officers at the MGF on 17 November 2021 and collected and deconstructed by officers from ABF and the agency known as DAWE on 18 November 2021.
18That parcel contained three live Common Blue-tongued lizards. They were each concealed in black stockings within a black leather boot with a hole cut at the top of the shoe.
19The two parcels lodged at Tarneit were also intercepted at the MGF, collected and deconstructed.
20One parcel contained seven live Pink-tongued skinks. The lizards were each concealed in black stockings within two black leather boots with a hole cut at the top of the toe. Three lizards were found in one black leather boot and four lizards were found in the second black leather boot. Four of the lizards were cold to touch.
21The second parcel contained four live Pink-tongued skinks. The lizards were concealed in four separate black stockings within a black leather boot with a hole cut at the top of the toe.
22All three parcels contained numerous plastic toys and scrunched up newspaper. No food or water was present and the lizards did not have access to supplementary heating.
Arrest and Record of Interview
23You were arrested on 19 November 2021 following the execution of a search warrant at your residence. Items located included clothing, flat pack cardboard boxes, plastic containers, stocking boxes, plastic buckets containing toy dinosaurs and Australia Post paperwork.
24You participated in a record of interview on the day of your arrest. You were cooperative with police and made admissions- which is to your credit. You said that a contact called 'Johnny’, who spoke to you using 'WeChat', instructed you and paid you to send the lizards. You said you did it for the money and had earnt roughly between $5000 - $8000.
Related summary offences
25Officers from the Department of Climate Change, Energy, the Environment and Water (DCCEW) assisted by officers from the Department of Energy, Environment and Climate Action (DEECA) attended the search at your premises on 19 November 2021.
26Whilst at the premises, officers located seven Eastern Blue-tongued lizards in three different enclosures.
(a) In enclosure 1 were five juvenile lizards in a plastic storage tub with drilled ventilation holes. There was wood shaving substrate on the base of the enclosure and no supplementary heating or lights. These facts form the basis for summary charge one (which is a rolled up charge) of possess living wildlife and failing to keep them in an adequate enclosure, by failing to provide adequate heat sources or lighting;
(b) Enclosure 2 contained one juvenile lizard, also in a plastic storage tub, with drilled ventilation holes. There was wood shaving substrate on the base of the enclosure and no supplementary heating or lights. These facts form the basis for summary charge six of possess living wildlife and failing to keep them in an adequate enclosure, by failing to provide adequate heat sources or lighting;
(c) The third enclosure, containing one adult lizard, was a tank with glass walls, wood shaving substrate on the base and holes for ventilation. There were two empty shallow dishes and one shallow dish containing a dry, pellet shaped substance.
27The lizards were seized and taken to the Australian Wildlife Centre and assessed by veterinarian Megan Curnick. Ms Curnick assessed five of the juvenile lizards as being in good health. The sixth juvenile lizard was also assessed as being in good health, apart from having minor abrasions to some scales on its head and tail. I note that photographs were tendered of some of the lizards located.
28The adult lizard in the third enclosure was assessed to be in poor body condition. Ms Curnick opined that it was 'chronically malnourished' for 'several months, and this was likely to have caused a moderate degree of pain and suffering'. These facts form the basis for summary charge 26 - failing to provide an animal with sufficient food.
29Summary charge 8 - import wildlife without a permit - is based on answers you gave in your record of interview that you 'bought from other people' the five blue tongued lizards identified in enclosure 1 during the execution of the search warrant at your premises on 19 November 2021. You stated that you had picked the lizards up from Qantas freight. The box the lizards arrived in was labelled 'live animal lizards' and you had the Qantas airway bill addressed to you as consignor. You did not have a permit issued by the Secretary to import wildlife into Victoria. The date of this offence is 12 November 2021.
30Summary charge 13, also a charge of import wildlife without a permit, was also based on answers which you gave in your record of interview. During the search at your premises a tub labelled 'Qantas live animals', indicating that it had been sent from Canberra to Melbourne on 6 November 2021, was located. You were recorded as the consignor. You told investigators that there was a reptile inside, a blue–tongue, and that you had picked it up from Qantas freight. You further stated that 'Johnny' had made contact with the vendors, arranged everything, and told you when to pick it up. You did not have a permit issued by the Secretary to import wildlife into Victoria.
31Again, your admissions are to your credit and, it would appear, allowed for you to be prosecuted for Charges 8 and 13.
Gravity of offending
32I am satisfied that general deterrence is paramount in the sentencing exercise. The illegal trade in Australian native species is horrific yet it is an attractive business due to the potential earnings and as it can be difficult to detect.
33The objects of the Environment Protection and Biodiversity Conservation Act 1999 include the protection of the environment and the promotion of the conservation of biodiversity.
34In Morgan v R [2002] NSWCCA 8, Buddin J with whom Beasley JA and Hislop J agreed, stated [at 11-12]:
'Given the clear legislative purpose which has been identified, the expectation must be that offences of the present kind would normally attract a full-time custodial sentence.'
35That same decision revealed a non–exhaustive list of matters said to inform the sentencing exercise and include the following:
(a) the nature and extent of the offenders role;
(b) the offenders motivation for committing the offence;
(c) the level of sophistication of the enterprise in which the offender was involved;
(d) whether the offenders conduct revealed any particular aggravating features such as undue cruelty;
(e) the number, value and/or rarity of the specimens involved;
(f) the actual harm and/or potential harm occasioned to the particular specimen; and
(g) the actual and/or potential harm or damage occasioned to the environment including, for example, the spread of disease.
36I note none of the lizards were said to be in the category of rare, threatened, or endangered, nor is it said that any actual harm was occasioned to the environment.
37It is accepted by both prosecuting authorities that you were in an agreement with 'Johnny' and that you were not the principal. Be that as it may – your role was clearly an essential one.
38Your offending occurred over a six to eight week period and on 28 September 2021 there were 5 separate efforts by you to send Australian wildlife overseas, one of which was successful. The search of your premises obviously involved the discovery of seven more lizards over and above the thirty eight native specimens you had either sent or attempted to send overseas and were clearly awaiting a similar fate.
39Your motive was profit at the expense of the wildlife – a term which references four separate species of reptile - all of which had to endure cramped conditions without food or water for extended periods of time. As referred to in the Crown opening, a number of the specimens had emaciated limbs, tails with bones visible and were cold, listless, and dehydrated. This appears inherently cruel with the potential harm obvious. You showed complete disinterest in the welfare of the lizards
40In terms of the Commonwealth offences against the Environment Protection and Biodiversity Conservation Act 1999, your account to authorities was that you were unaware your behaviour was illegal. This is inconsistent with attending at a number of different postal outlets, using false sender details and using false descriptions for the contents of the packages to make them appear as innocent goods and was clearly designed to avoid detection. The boxes were filled with plastic toys and/or shoes to fit the content description.
41It is also inconsistent with the fact that you were the holder of an Advanced Private Wildlife licence from 6 November 2021 to 19 November 2021 which allowed you to possess, keep, breed, buy, sell, and dispose of scheduled wildlife for non-commercial purposes. This licence not only played a role in facilitating your offending overall but put you in a position to know that there were legislative requirements to deal in wildlife.
42Although of relatively short duration, yours is a course of conduct which involved planning in sourcing the live lizards, at least collecting them, storing them and preparing them to be exported, even if doing so on instruction. You were also required to purchase or source packaging and items to contain the lizards and insertions, such as plastic dinosaurs, to assist the parcels to appear innocuous.
43Your financial motivation, in combination with the duration of offending, number of separate incidents and callous disregard for the native specimens, lends weight to the need for specific deterrence to play an important part in your sentencing. Your offending appears to have ceased in the context of it being detected.
44In terms of the wildlife specimens located at your premises on 19 November 2021 and your admitted importation without a permit, general deterrence is also of paramount importance to the sentencing exercise. Breaches of the Wildlife Act 1975 has obvious potential to frustrate the Department's role in protecting and regulating wildlife in Victoria. Compliance allows the Department to track and monitor wildlife being sent around Australia. You imported to Victoria a total of six lizards across two separate dates without the requisite permits. This offending was clearly committed in the context, or furtherance of, the commercial trade in wildlife.
45Summary charge 26 is of particular concern in your failure to provide the lizard housed within enclosure 3 with proper or sufficient food. This particular specimen was identified as chronically malnourished. You admitted to having possession of the lizard for approximately three to four weeks. Your disregard for the welfare of this animal is in keeping with the Commonwealth offending and wanton indifference to the wildlife specimens you sent or sought to send overseas.
46The need for denunciation and protection of wildlife and biodiversity is obvious in relation to all of your offending.
47I accept the submission that there should be some accumulation between the sentences to reflect separate criminality, but also note the interrelationship between the offending and the clear need to avoid any double punishment.
Plea of guilty
48I am obliged to take into account the stage at which you entered your pleas of guilty.
49I accept that it was always your intention to plead guilty and that your plea was at the earliest opportunity. However it does appear to have been a strong Crown case.
50There is clear value in saving any witnesses the need to give evidence, and utilitarian value in saving the community the expense of contested proceedings.
51Your resolution was also at a time of the court still needing to respond to the impact of the COVID–19 pandemic on the court’s operations due to the backlog created and has additional utilitarian value in that context.
52Materials tendered on your behalf would indicate you are remorseful for your actions.
53These factors will be taken into account in your favour.
Personal Circumstances
54I turn now to your personal circumstances, which were helpfully outlined in defence submissions dated 20 September 2023.
55You are currently 27 years of age and are a Malaysian national, having been born in the village of Segamat in Johor. You have three older sisters and a younger brother.
56Your father was previously employed tapping rubber trees on a rubber plantation but is now retired. Your mother performs home duties.
57Your sisters all live in Singapore and your brother lives in Segamat with your parents. You enjoy a close relationship with your family and you speak with your mother every week on the phone, however your family are not aware of your offending. Your father is currently on medication for a heart issue and high cholesterol. You fear your father may suffer a stroke if he learns of your offending. You last saw your parents prior to the COVID-19 pandemic, when they came to Australia for a short visit.
58Growing up your family were not wealthy. You report having a happy and unremarkable childhood, although describe your father as harder on you than your sisters.
59You attended primary school in Segamat. You enjoyed science, however were not a particularly good student. At high school you were often truant to play basketball and online games with your friends.
60When you were 17 years of age, your parents sent you to a boarding college for boys who struggled at school. You found living away from home difficult and the classes challenging as they were taught partly in English. Despite the difficulties, you completed your two-year course and obtained a formal qualification in baking.
61Following your schooling, you moved to Singapore and worked as a baker for two years and attended English classes. In addition to learning English you also speak Malay, Cantonese, a Hokkien dialect and your native tongue - Mandarin.
62In April 2016, you moved to Australia to further your baking skills and to continue your English studies.
63You have had a number of different jobs in Australia and could be described as hardworking. You have worked in a bakery, at a drycleaners, a market, as a driver and also obtained your forklift licence. You were employed as a forklift driver for approximately a year, however were dismissed due to the pandemic. You were unemployed for two to three months and then gained another role as a forklift driver in West Footscray, where you continue to work.
64You have a strong sense of filial piety, which I am told is important to you culturally. Your parents are wholly financially reliant on yourself and your siblings and you previously sent them approximately $600 a month to cover their living expenses and school fees for your younger brother. This amount increased to $1000 a month in February of 2021 following a bad investment by your mother. This led to financial stress for you, particularly during your brief period of unemployment. It was very shortly before you were dismissed from your job that you were put in contact with 'Johnny' and became involved in the conduct constituting these offences.
65You say your offending was committed in the context of your financial responsibility to your family. I do accept that you felt this responsibility, however I do not see your perceived need to continue to contribute to your parents financially as a basis to reduce your moral culpability for your offending. In the absence of other evidence I assess your culpability to be high.
66In terms of personal relationships, you have had a few serious relationships whilst living in Singapore, the longest of which was for two years. You have been with your current partner, Weijun Gau, for approximately nine months. She is Taiwanese and is currently living and working in country Victoria. You both hope to settle in Australia, pending the outcome of these matters.
Prospects of rehabilitation
67In terms of your prospects for rehabilitation, you have no prior criminal history, save for a single appearance before the Magistrates’ Court in October 2021 for a minor driving offence. This has no relevance to the sentencing exercise.
68You are not said to have reoffended since your arrest in November of 2021.
69Whilst you rightly call into your aid your otherwise good character, the weight which attaches to this is lessened by the fact that persons of good character are chosen to perform the very role you did, again to reduce the risk of the offending being identified. You of course offended on more than one occasion.
70You have no mental health issues or drug or alcohol problems which does stand you in good stead for the future.
71I have had regard to character references tendered on your behalf authored by Shu Yi Chang, Bryan Yaw, Weijun Gau, Cheng Khai Chuah and Ivan Chen.
72Whilst each has known you in differing capacities you are variously described as kind, helpful, hardworking and trustworthy. You are said to be capable of applying lessons from this experience. Your referees do speak of your remorse. You told your partner, Weijun Gau, that you will not break the law ever again.
73I accept that you are well supported by your partner and friends who attended your initial plea hearing and your sentencing today. I accept that you are also supported by family, even if they are ignorant of your offending. This support also augurs well for your future.
74You are currently working and, as I have said, hope to make your life in Australia. You were subject to a bridging visa at the time of your offending. You are understandably concerned about your risk of deportation and I take this into account in a general sense as an additional burden or stressor on you.
75I accept that there has been a degree of sanction and deterrence in your involvement in criminal proceedings. Whilst charged in November of 2021, you are not being sentenced until November of 2023. I accept that during that period there would have been stress in awaiting final determination which I also take into account in a general sense. That same period is also one in which to assess your future prospects. I note you have been compliant with bail conditions for a period of some two years.
76It may well be that your referees are correct when it is said you are unlikely to reoffend.
77I am satisfied that your prospects for rehabilitation are high. However, it is clear to me that you do lack insight into your offending, its seriousness, and the role you have played. This elevates the need for specific deterrence.
Sentencing Principles
78Both the Commonwealth and your legal representative have provided me with cases to assist with the sentencing exercise and I have had recourse to those decisions. There are understandable variations in outcome but the sentencing principles are clear.
79The Crown submitted that in sentencing for offences of this kind, general and specific deterrence are of paramount importance. That submission is without question. The Commonwealth submitted that a term of immediate imprisonment is required in your case.
80The Department of Energy, Environment and Climate Action fairly recognise that the Commonwealth prosecution is evidently more serious than the offending arising from the Department's proceedings and submit the imposition of a fine is appropriate for your offending against the Wildlife Act, Wildlife Regulations, and the Prevention of Cruelty to Animals Act.
81Your legal representative submitted that gaol was not the only available disposition for the Commonwealth offending and that all relevant sentencing purposes could be met by a lengthy community correction order or the imposition of a recognisance release order. In that context it was submitted that for the summary offences a financial penalty would be appropriate.
82I just want to check with all the Bar table that I have not made any factual errors as far as you are able to identify.
83MR STEPHENS: No, Your Honour.
84HER HONOUR: Okay.
85MS MYERS: No, Your Honour, not that I've heard.
86HER HONOUR: Thank you.
87The basic purposes for which a court may impose sentence include just punishment, general and specific deterrence, rehabilitation, denunciation, and protection of the community. I must have regard to a range of matters such as the seriousness of the offending, your culpability for it, your personal circumstances and those of any victim. I must also balance the interest of the community in denouncing criminal conduct with the interest the community clearly has in seeking to ensure, as far as possible, that offenders are rehabilitated and reintegrated into society.
88Such that they can be determined, I also take into account current sentencing practice for the offences to which you have pleaded guilty.
89For the summary charges prosecuted by the Department of Energy, Environment and Climate Action, I note that Charges 1, 6, 8 and 13 are 'fine only' offences. Charge 1 and Charge 8 are rolled up charges. Charges 1, 6 and 26 all result from the search of your premises on 19 November 2021. As I referred to earlier, two of the charges are based solely on your admissions. Taking those factors into account, the principle of totality and the relatively low maximum penalties, you are convicted and discharged for offences 1, 6, 8 and 13.
90Charge 26 is in a different category, that of failing to provide an animal with sufficient food. For that offence you are convicted and fined the amount of $1,000.
91The federal sentencing regime is set out in Part 1B of the Crimes Act 1914. Under that regime the court must impose a sentence that is of a severity that is appropriate in all the circumstances. That requirement must be read together with the need to ensure that a person is adequately punished for the offence. Section 16A(2) sets out a non-exhaustive list of factors that the court must take into account where they are relevant and known to the court.
92Of particular relevance to your case are the nature and circumstances of the offending, general deterrence, specific deterrence, your prospects of rehabilitation, contrition, your guilty plea, the need for adequate punishment and your character, antecedents, age, means and physical or mental condition.
93I take into account also the matters contained in Part 1B of the Commonwealth Crimes Act, and specifically the principles in s17A, and the factors listed in s16A of that Act. Although I have outlined all the relevant matters going to mitigation, in my view these matters do not overcome or outweigh the need to impose a term of imprisonment as a reflection of the seriousness of the conduct to which you pleaded guilty. It is made clear by s17A that imprisonment is to be a sentence of last resort and only to be imposed where a court is satisfied that no other penalty is appropriate in the circumstances of the case.
94I do propose to impose an aggregate sentence as I am satisfied that these offences are founded on the same facts or form, or are part of a series of offences of same or similar character.
95For the four charges on the indictment I impose an aggregate sentence of imprisonment of 15 months. Pursuant to ss19AC and 20(1)(b) of the Crimes Act (Cth), I order that you be released on a recognisance release order after serving six months, conditional on paying security of $100 and being of good behaviour for 12 months. That sentence commences today.
96Section 6AAA of the Sentencing Act does require me to state the sentence that I would have imposed if you had not pleaded guilty. If not for your pleas of guilty, you would have been sentenced you 24 months imprisonment and ordered to be released on a recognisance release order after serving 12 months, conditional on paying security of $500 and being of good behaviour for 18 months.
97There were no ancillary orders sought, is that right?
98MR STEPHENS: That's correct, Your Honour.
99HER HONOUR: All right.
100MR STEPHENS: If it please the court.
101MS MYERS: As Your Honour pleases.
102MR STEPHENS: Your Honour, I've prepared in hard copy recognisance release order. If it is Your Honour's preference for that to be forwarded by email and completed in soft copy so it doesn't look like it's completed manually, that can be done but otherwise that can be handed up after my learned friend has confirmed that it's accurate, and if Mr Ng could be informed of the consequences of non–compliance with the order pursuant to 16F which is that if he doesn't comply with the conditions, primarily to be of good behaviour, that he is liable to be brought back before the court for that – potentially to be resentenced or serve the – – –
103HER HONOUR: Remaining period.
104MR STEPHENS: – – – remaining period, yes, Your Honour.
105HER HONOUR: Yes, thank you for reminding me of that obligation, Mr Stephens.
106MR STEPHENS: I'll hand that order up.
107HER HONOUR: Thank you.
108MR STEPHENS: I only have the one copy at the moment but we can prepare another one if that's required.
109HER HONOUR: Thank you.
110Mr Ng, in terms of the order that I have announced, Mr Stephens is quite correct, if you do not abide by the condition to be of good behaviour for a period of 12 months upon your release, you are at risk of being returned to the court and being required to serve the remaining period.
111Is that sufficient, Mr Stephens?
112MR STEPHENS: Yes, it is, Your Honour, thank you.
113HER HONOUR: I can sign this, can I not, Mr Stephens, and have Mr Ng sign it as well?
114MR STEPHENS: Yes, Your Honour.
115HER HONOUR: Are you happy to assist with that process?
116MS MYERS: Yes, Your Honour. What I thought – I might ask the interpreter if he'd be good enough to simply read the order to Mr Ng in Mandarin.
117HER HONOUR: That is an excellent suggestion, thank you.
118MS MYERS: Your Honour, can my instructor just approach Mr Ng just to assist in the reading process? My instructor also speaks Mandarin.
119HER HONOUR: Yes. Thank you.
120MS MYERS: I think Mr Ng is ready to sign, Your Honour.
121HER HONOUR: Thank you.
122MS MYERS: If Your Honour's associate could assist.
123HER HONOUR: Mr Interpreter, I do thank you for your assistance. I certainly thank your instructor at various stages for her assistance, having the benefit of language.
124MS MYERS: Yes, Your Honour.
125HER HONOUR: And I thank all members of counsel for the enormous assistance I received in this matter.
126MR STEPHENS: If it please Your Honour.
127MS MYERS: If Your Honour pleases.
128HER HONOUR: Thank you. I will close the court until 10.30 on Monday, thank you.
– – –