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R v Leonard Properties Pty Ltd & Anor [2019] QDC 209

sentence — Leonard Properties Pty Ltd charged with 32 counts of exporting of prescribed goods offence contrary to s 8(3)(a) of the Export Control Act 1982 (Cth) and 1 count of conveying prescribed goods with intent to export offence contrary to s 8(3)(b) of the Export Control Act 1982 (Cth) — offender (company director) charged with 22 counts of exporting of prescribed goods offence contrary to s 8(3)(a) of the Export Control Act 1982 (Cth) and 1 count of conveying prescribed goods with intent to export offence contrary to s 8(3)(b) of the Export Control Act 1982 (Cth) — offences relate to failure to follow fumigation and inspections processes required for quarantine purposes in the export of timber or timber products — general deterrence — s 16A(2)(ja) —certification and inspection scheme of fundamental importance to gaining and maintaining access for commodities into many overseas markets — offences have potential to undermine Australia’s reputation as safe exporter of timer and thereby harm the industry and the Australian economy — need for general deterrence strong — nature and circumstances of the offence — s 16A(2)(a) — antecedents — s 16A(2)(m) — sentencing judge took into account offender’s absence of previous convictions and otherwise good character — there was no fraud involved on offender’s part — once offender found out what was happening they immediately rectified the situation — sentencing judge took into account the impact of a period of imprisonment (even suspended) might have upon his working ability in China — guilty plea — s 16A(2)(g) — sentencing judge took into account offender’s early pleads of guilty (committal) — delay — sentencing judge took into account the significant delay between the investigation in 2013 and the laying of charges in 2017 — sentence — fine of $335,000 imposed on the company and $25,000 on the offender
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