Le v The Queen [2007] FCA 1463

Le v The Queen [2007] FCA 1463

The Federal Court had appellate jurisdiction for the Copyright Act offences and associated jurisdiction for the Trade Marks Act offences. The alleged s 17A error was not made because the Magistrate stated that he had considered all other appropriate penalties and regarded full-time gaol as the only appropriate penalty. Although the Magistrate did not specify the extent of any discount for the guilty pleas, that did not warrant interference. The 12-month concurrent terms were not shown to be manifestly excessive when weighed against the maximum penalties, general and specific deterrence, the appellant's prior similar offending, and the scale of the commercial operation. However, the...

Jurisdiction
Australia
Judgment Date
18 September 2007
Procedural Posture
Appeal Against Severity of Sentences for Offences Under the Copyright Act 1968 (cth) and Trade Marks Act 1995 (cth) / Appeal From Liverpool Local Court
Outcome
Appeal allowed in part; non-release period reduced from eight months to three months and 12-month concurrent imprisonment otherwise maintained.
Legal Topics
['appeal Against Sentence' 'custodial Sentence' 'non Release Period' 'recognizance Release Order' 'general Deterrence' 'specific Deterrence' 'associated Jurisdiction']
['copyright' 'trade Marks' 'criminal Sentencing' 'federal Jurisdiction'] ['appeal Against Sentence' 'custodial Sentence' 'non Release Period' 'recognizance Release Order' 'general Deterrence' 'specific Deterrence' 'associated Jurisdiction']

Case Brief

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Procedural Posture

Appeal Against Severity of Sentences for Offences Under the Copyright Act 1968 (cth) and Trade Marks Act 1995 (cth) / Appeal From Liverpool Local Court

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction to hear appeals from the Copyright Act and Trade Marks Act convictions and sentences imposed by Liverpool Local Court.' 'Whether the Magistrate failed to consider all possible alternatives to full-time imprisonment under s 17A of the Crimes Act 1914 (Cth).' "Whether the Magistrate failed to apply and properly record the utilitarian discount for the appellant's pleas of guilty." 'Whether the sentences, including the non-release period, were so excessive as to justify appellate intervention.']

Ratio Decidendi

The Federal Court had appellate jurisdiction for the Copyright Act offences and associated jurisdiction for the Trade Marks Act offences. The alleged s 17A error was not made because the Magistrate stated that he had considered all other appropriate penalties and regarded full-time gaol as the only appropriate penalty. Although the Magistrate did not specify the extent of any discount for the guilty pleas, that did not warrant interference. The 12-month concurrent terms were not shown to be manifestly excessive when weighed against the maximum penalties, general and specific deterrence, the appellant's prior similar offending, and the scale of the commercial operation. However, the...

Court Disposition

Appeal allowed in part; non-release period reduced from eight months to three months and 12-month concurrent imprisonment otherwise maintained.

Orders

  • ['The sentence imposed on the appellant by his Honour Magistrate Shepherd at Liverpool Local Court on 30 June 2006 be and is hereby varied by substituting a non-release period of three months for the eight months stipulated, with credit being given for the five days the appellant was in custody following her...