RSPCA v Hongyou Zou

Local Court

New South Wales

Medium Neutral Citation:

RSPCA v Hongyou Zou [2020] NSWLC 3

Hearing dates:

16 December 2019, 29 January and 19 February 2020

Date of orders:

19 February 2020

Decision date:

19 February 2020

Jurisdiction:

Criminal

Before:

Judge G L Henson AM, Chief Magistrate

Decision:

Sequence 1 - The offender is sentenced to a term of imprisonment of 16 months, with a non-parole period of 8 months.

Sequence 2 - The offender is sentenced to a term of imprisonment of 4 months, to be served concurrently.

Pursuant to section 31(1)(b) of Prevention of Cruelty to Animals Act 1979, the offender is prohibited from acquiring or caring for any animal for a period of 10 years.

Catchwords:

SENTENCING – particular offences – commit act of aggravated cruelty upon animal – fail to provide vet treatment – dog starved to death - discount for utilitarian value of guilty plea – high range objective seriousness – no prior criminal record - difficult to conclude offender displays contrition or remorse given attempts to mislead investigators – moral culpability towards highest level - need for retribution and general deterrence call for significant sentence – no other sentence than term of imprisonment appropriate – special circumstances

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 21A(2), 21A(3)

Prevention of Cruelty to Animals Act 1979 ss 5(3)(c), 6(1), 31(1)(b)

Cases Cited:

R v Campbell [2018] NSWCCA 87

R v Thomson; R v Houlton (2000) 49 NSWLR 383

R v Zamagias [2002] NSWCCA 17

Category:

Sentence

Parties:

Royal Society for the Prevention of Cruelty to Animals (RSPCA) (prosecution)
Hongyou Zou (defendant)

Representation:

Ms K Hewson, for the prosecution
Legal Aid (amicus curiae), for the defendant

File Number(s):

2019/00359868

Publication restriction:

Nil

Judgment

1. The defendant, Hongyou Zou, appears before the Court for sentence in relation to two prosecutions brought against him under the Prevention of Cruelty to Animals Act 1979 (the PCA Act). The more serious offence, alleging the commission of an act of aggravated cruelty is brought pursuant to section 6(1) of the Act. The maximum penalty for this offence is 2 years imprisonment and/or a fine of $22,000. The second offence under section 5(3)(c) of failing to provide veterinary treatment carries a maximum penalty of 6 months imprisonment and/or a fine of $5,500.

2. The proceedings came before the Local Court on 2 December 2019. At the request of the defendant they were adjourned to enable him to seek legal advice. On 16 December 2019 he appeared in company with a Mandarin interpreter. A solicitor from the Legal Aid Commission appeared amicus to assist the defendant and the Court. On that date the defendant entered pleas of guilty to both charges. The proceedings were adjourned for sentence on 29 January 2020. On that date the defendant appeared before me. Once again a solicitor from the Legal Aid Commission appeared in an amicus capacity.

3. The defendant sought an adjournment, not for further legal advice but because, so he stated through the interpreter, he had…