R v Leonard Properties Pty Ltd - [2019] QDC 209

DISTRICT COURT OF QUEENSLAND

CITATION:

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

PARTIES:

THE QUEEN

v

LEONARD PROPERTIES PTY LTD

and

BRADLEY JAMES LEONARD
(defendants)

FILE NO/S:

2533/18

DIVISION:

Criminal

PROCEEDING:

Sentence

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

25 October 2019

DELIVERED AT:

Brisbane

HEARING DATE:

17 October 2019

JUDGE:

Smith DCJA

ORDERS:

In relation to each of counts 1-20 and 24-35 the defendant company, Leonard Properties Pty Ltd, is convicted and fined the sum of $10,000.1.

In relation to count 36 the defendant company Leonard Properties Pty Ltd is convicted and fined the sum of $15,000.2.

I direct that the Registrar give particulars of the order against Leonard Properties Pty Ltd to the State Penalties and Enforcement Registry for registration under s 34 of the State Penalties Enforcement Act1999 (Q).3.

In relation to each of counts 14-35, Bradley James Leonard is convicted and fined the sum of $1,000.4.

In relation to count 36, Bradley James Leonard is convicted and fined the sum of $3,000. 5.

The fines imposed on Bradley James Leonard are to be paid within six months.6.

In default of payment within that time I order that Bradley James Leonard be imprisoned for three days on each of counts 14 to 35 and 24 days on count 36.7.

If the fines are not paid within that time I direct that Bradley James Leonard appear before the District Court at Brisbane at 10am on 28 April 2020 to show cause why the default imprisonment should not be enforced.8.

CATCHWORDS:

CRIMINAL LAW- SENTENCE - Breaches of the Export Control Act 1982 (Cth) - quantum of fines for Body Corporate - whether imprisonment is the only available sentencing option for the natural defendant – quantum of fines for natural person

Legislation:

Crimes Act 1914 (Cth) ss 4B, 4AA, 4K, 15A, 16A, 16C, 17A, 19
Criminal Code 1995 (Cth) s 11.2
Export Control Act 1982 (Cth) s 8
Export Control (Unprocessed Wood) Regulations (Cth)
Export Control (Plant and Plant Products) Orders 2005 (Cth)
Export Control (Plant and Plant Products) Orders 2011 (Cth)
Penalties and Sentences Act 1992 (Q) ss 50, 182A
State Penalties Enforcement Act1999 (Q) s 34

Cases:

Australian Building and Construction Commissioner v

Construction Forestry Mining and Energy Union (2017) 254

FCR 68; [2017] FCAFC 113 cited

Bryce v Chief Executive Officer of Customs (No 2) [2011] 2

Qd R 40, [2010] QSC 125 cited

Chief Executive Officer of Customs v Labrador Liquor

Wholesale Pty Ltd & Ors (2006) 65 ATR 547; [2006] QCA

558 applied

Chief Executive Officer of Customs v Labrador Liquor

Wholesale Pty Ltd & Ors (No. 2) (2006) 62 ATR 494; [2006]

QSC 40 applied

R v Chew New South Wales District Court, 15 December

2006 and 23 February 2007 cited

R v Morex Meat Australia Pty Ltd & Anor [1996] 1 Qd R

418; (1995) 78 A Crim R 269; [1995] QCA 154 cited

R v Moxon [2015]…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] QDC 209
Decision Date: 25 October 2019

CaseChat Overview and Summary

In the Brisbane District Court, Leonard Properties Pty Ltd and its director, Bradley James Leonard, faced a case brought by the Commonwealth for multiple breaches of the Export Control Act 1982. The charges spanned various counts, with the company being charged with breaches relating to counts 1-20, 24-35, and 36, and the director facing charges for counts 14-35 and 36. The court was required to determine the appropriate fines for both the company and the director, as well as to consider the possibility of custodial sentences for the director.

The central legal issue before the court was the quantum of fines to be imposed on the company and the individual for the breaches. The court also needed to address whether imprisonment was the only available sentencing option for the director, given the nature and severity of the breaches. Additionally, the court had to balance the need for deterrence with the principles of proportionality and justice in sentencing.

The court imposed fines on Leonard Properties Pty Ltd for each of the counts specified, with varying amounts reflecting the severity of the breaches. For counts 1-20 and 24-35, the company was fined $10,000, and for count 36, the fine was $15,000. For Bradley James Leonard, the fines were significantly lower, set at $1,000 for counts 14-35 and $3,000 for count 36. The court directed that the fines be paid within six months, with the imposition of default imprisonment for the director if the fines were not paid within the specified timeframe. The court also ordered that details of the fines against the company be registered with the State Penalties and Enforcement Registry.

The court made specific orders detailing the fines and conditions for payment, including the requirement for the director to appear before the District Court if the fines were not paid within the stipulated period. This decision highlights the court's approach to sentencing in cases involving corporate and individual defendants, balancing the need for deterrence with the principles of justice and proportionality.

Orders

Orders of the court

In relation to each of counts 1-20 and 24-35 the defendant company, Leonard Properties Pty Ltd, is convicted and fined the sum of $10,000.1.

In relation to count 36 the defendant company Leonard Properties Pty Ltd is convicted and fined the sum of $15,000.2.

I direct that the Registrar give particulars of the order against Leonard Properties Pty Ltd to the State Penalties and Enforcement Registry for registration under s 34 of the State Penalties Enforcement Act 1999 (Q).3.

In relation to each of counts 14-35, Bradley James Leonard is convicted and fined the sum of $1,000.4.

In relation to count 36, Bradley James Leonard is convicted and fined the sum of $3,000. 5.

The fines imposed on Bradley James Leonard are to be paid within six months.6.

In default of payment within that time I order that Bradley James Leonard be imprisoned for three days on each of counts 14 to 35 and 24 days on count 36.7.

If the fines are not paid within that time I direct that Bradley James Leonard appear before the District Court at Brisbane at 10am on 28 April 2020 to show cause why the default imprisonment should not be enforced.8.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Leonard Properties Pty Ltd & Anor [2019] QDC 209
PARTIES:	THE QUEEN v LEONARD PROPERTIES PTY LTD and BRADLEY JAMES LEONARD (defendants)
FILE NO/S:	2533/18
DIVISION:	Criminal
PROCEEDING:	Sentence
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	25 October 2019
DELIVERED AT:	Brisbane
HEARING DATE:	17 October 2019
JUDGE:	Smith DCJA
ORDERS:	In relation to each of counts 1-20 and 24-35 the defendant company, Leonard Properties Pty Ltd, is convicted and fined the sum of $10,000.1. In relation to count 36 the defendant company Leonard Properties Pty Ltd is convicted and fined the sum of $15,000.2. I direct that the Registrar give particulars of the order against Leonard Properties Pty Ltd to the State Penalties and Enforcement Registry for registration under s 34 of the State Penalties Enforcement Act1999 (Q).3. In relation to each of counts 14-35, Bradley James Leonard is convicted and fined the sum of $1,000.4. In relation to count 36, Bradley James Leonard is convicted and fined the sum of $3,000. 5. The fines imposed on Bradley James Leonard are to be paid within six months.6. In default of payment within that time I order that Bradley James Leonard be imprisoned for three days on each of counts 14 to 35 and 24 days on count 36.7. If the fines are not paid within that time I direct that Bradley James Leonard appear before the District Court at Brisbane at 10am on 28 April 2020 to show cause why the default imprisonment should not be enforced.8.
CATCHWORDS:	CRIMINAL LAW- SENTENCE - Breaches of the Export Control Act 1982 (Cth) - quantum of fines for Body Corporate - whether imprisonment is the only available sentencing option for the natural defendant – quantum of fines for natural person Legislation: Crimes Act 1914 (Cth) ss 4B, 4AA, 4K, 15A, 16A, 16C, 17A, 19 Criminal Code 1995 (Cth) s 11.2 Export Control Act 1982 (Cth) s 8 Export Control (Unprocessed Wood) Regulations (Cth) Export Control (Plant and Plant Products) Orders 2005 (Cth) Export Control (Plant and Plant Products) Orders 2011 (Cth) Penalties and Sentences Act 1992 (Q) ss 50, 182A State Penalties Enforcement Act1999 (Q) s 34 Cases: Australian Building and Construction Commissioner v Construction Forestry Mining and Energy Union (2017) 254 FCR 68; [2017] FCAFC 113 cited Bryce v Chief Executive Officer of Customs (No 2) [2011] 2 Qd R 40, [2010] QSC 125 cited Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd & Ors (2006) 65 ATR 547; [2006] QCA 558 applied Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd & Ors (No. 2) (2006) 62 ATR 494; [2006] QSC 40 applied R v Chew New South Wales District Court, 15 December 2006 and 23 February 2007 cited R v Morex Meat Australia Pty Ltd & Anor [1996] 1 Qd R 418; (1995) 78 A Crim R 269; [1995] QCA 154 cited R v Moxon [2015]…