R v Prentice [2003] QCA 34

R v Prentice [2003] QCA 34 (14 February 2003)

SUPREME COURT OF QUEENSLAND

CITATION:

R v Prentice [2003] QCA 34

PARTIES:

R

v

PRENTICE, Mark Paul

(applicant/appellant)

FILE NO/S:

CA No 320 of 2002

DC No 310 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

District Court at Beenleigh

DELIVERED ON:

14 February 2003

DELIVERED AT:

Brisbane

HEARING DATE:

7 February 2003

JUDGES:

Davies and Williams JJA and Cullinane J

Separate reasons for judgment of each member of the Court; each concurring as to the orders made

ORDERS:

1. Application for leave to appeal granted

2. Appeal allowed to the extent only of substituting a fine of $23,800.00 for the fine of $40,000.00

CATCHWORDS:

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT - CIRCUMSTANCES OF OFFENDER - where applicant wound back odometers on used cars before selling them - where substantial fine imposed - where applicant had no reasonable means of paying the amount - whether the fine imposed was manifestly excessive Fair Trading Act 1989 (Qld), s 40(a)

Penalties and Sentences Act 1992 (Qld), s 48 R v Australian Rent-a-car and Theodore Coppens, unreported, Dodds DCJ, 25 February 2000, considered

R v Kiripatea [1991] 2 Qd R 686, applied

R v QSD New Cars P/L and Steven Mark Conn, unreported, Newton DCJ, 29 November 2001, considered

COUNSEL:

The applicant/appellant appeared on his own behalf

T Rynne for the respondent

SOLICITORS:

The applicant/appellant appeared on his own behalf

C W Lohe, Crown Solicitor, for the respondent