appeal against sentence — 14 counts of procuring conduct of person to commit offence of preparation of prescribed goods for export at unregistered establishment offence contrary to s 8A(1) of Export Control Act 1982 (Cth) — 1 count of preparing prescribed goods for export at unregistered establishment contrary to s 8A(1) of Export Control Act 1982 (Cth) — 1 count of attempting to export prescribed goods in contravention of specified conditions ore restrictions contrary to s 8(3)(1) of Export Control Act 1982 (Cth) — 14 counts of exporting prescribed goods with false trade descriptions contrary to s 15(1)(b) of Export Control Act 1982 (Cth) — 1 count of exporting prescribed goods using OECD labels containing false trade descriptions contrary to s 15 of Export Control Act 1982 (Cth) — original sentence imposed 4 years’ and 3 months imprisonment with 1 year and 10 month non-parole period — nature and circumstances — s 16(A)(2)(a) — offences relates to lucerne seed — procurement and preparation offences with respect to 15 consignments — Eckert’s farm was licensed to treat Lucerne seed but not registered establishment for re-bagging and labelling — offender sentenced on basis that offences were not committed intentionally — offender held mistaken belief that Eckert’s did not need to be registered — offender was reckless in this regard — recklessness that actuated offending constituted single course of conduct — offender signed commercial invoices containing false descriptions — offender applied labels designed to leverage off the quality of genuine OECD labels — offences are serious — offences exist to protect existence and reputation of Australia’s trade market — 5 year penalties are designed to cover broad range of conduct that may well vary considerably in seriousness — contrition — s 16A(2)(f) — offender was contrite and remorseful and has shown genuine insight into offending and accepted responsibility for actions — cooperation — s 16A(2)(h) — offender has been cooperative with investigation — offender emphasised that cooperation extended to disclosing preparation offences of which investigators had previously been unaware — rehabilitation — s 16A(2)(n) — delay of 4 and a half years between date of last offence and date of sentence — offender had rehabilitated themselves or was well advanced in rehabilitation — this is powerful consideration against imposing period of imprisonment such as would jeopardise rehabilitation — comprehensive rehabilitation when taken with contrition and cooperation renders head sentence manifestly excessive — leave to appeal granted — original sentence quashed — offender resentenced to 1 year and 6 months imprisonment to be released on recognisance after 12 months
