Ministry of Primary Industries v Sdeong [2017] NZDC 28978 (13 December 2017)

Last Updated: 25 July 2018

IN THE DISTRICT COURT AT MORRINSVILLE

CRI-2017-092-009784

[2017] NZDC 28978

MINISTRY OF PRIMARY INDUSTRIES

Prosecutor v

BUNNA SDEONG Defendant

Hearing:	13 December 2017
Appearances:	J Priest for the Prosecutor M Wright for the Defendant
Judgment:	13 December 2017

NOTES OF JUDGE N D COCURULLO ON SENTENCING

[1] Mr Sdoeng you appear having now pleaded guilty to a charge contrary to the Biosecurity Act 1993 and s 72 Crimes Act 1961 that you attempted to have unauthorised goods namely fish and animal skin in your possession or control concealed in parcels of squid knowing that they were unauthorised goods. The offence attracts a maximum prison sentence of five years and/or a $100,000 fine.

[2] You are 28 years old and employed as a factory worker for a local milk company. In November 2016 you arrived in New Zealand from Cambodia. You completed a declaration and declared some matters but no entry was made regarding the declaration of fish or animal skins. The customs officials at the airport found [the] concealment of fish wrapped in plastic wrap inside the parcel of the squid that had been declared. It found fish products also including fish guts and one contained the

MINISTRY OF PRIMARY INDUSTRIES v BUNNA SDEONG [2017] NZDC 28978 [13 December 2017]

concealment of two animal skins. You were spoken to and said that you had concealed the fish and animal skins because you knew that they were not allowed into New Zealand.

[3] These products are banned from New Zealand and they are banned for good reason. It is to effectively manage pests and unwanted organisms and if they come into New Zealand there is a grave risk that our massive primary industry could be jeopardised by such pests and organisms coming into the country. That is why the offence that you face has a maximum prison sentence of five years and/or a fine of

$100,000.

[4] Mr Wright is has seen you as the duty solicitor. I am most assisted by Ms Priest who has not only spoken to me orally - these matters not usually being dealt with by a Court in this location - but has provided comprehensive and written submissions. She is to be complimented on the quality of the submissions that have been made. She is clear that a starting point for you in respect of this matter is a fine of somewhere between five to $6,000 and/or a community work order. Community work is a problem for you given the hours that you work at the factory. I am told that you have a family that you are supporting. I am told that you have $1,000 of savings that you can make available to pay a fine.

[5] All Courts have guidance from appellant Courts about having assessed an amount of a fine and here the prosecution is on strong ground - then having to consider an amendment of it to take into account that a fine would be paid over a reasonable period of time. A fine at that level at $50 per week if that could be occasioned would take a significant amount of time. I take into account your guilty plea to the matter and I intend to reflect a reduction in the fine to some extent to take into account your personal circumstances and ability to pay. Given all of that, I now Mr Sdeong having convicted you fine you the sum of $3,000 and that is to be paid at the initial instalment of $1,000 and then at the rate of $50 per week.

Judge ND Cocurullo

District Court Judge

Date of authentication: 19/12/2017

In an electronic form, authenticated pursuant to Rule 2.2(2)(b) Criminal Procedure Rules 2012.