18 April 2019

DPP appeals lead to increased sentences for unlicensed motor car trading

The sentences handed down to two women who bought and sold cars without a motor car trader’s license have been increased following an appeal by the Director of Public Prosecutions.

The first offender, Gelzar Ali Aziz, had pleaded guilty in the Melbourne Magistrates’ Court to two charges of unlicensed motor car trading contrary to s.7(1) of  the Motor Car Traders Act 1986.

She was sentenced by the court on October 19, 2018, to a without conviction fine of $23,212.88.

Aziz, who ran a car trading business without a motor car trader’s licence, had bought six cars at auction and sold 69 cars between March 2016 and March 2017.

The second offender, Marjan Hayvari, pleaded guilty in the Broadmeadows Magistrates’ Court to one charge of unlicensed motor car trading contrary to s.7(1) of the Motor Car Traders Act 1986. On October 18, 2018, she was convicted and fined $10,000.

Hayvari also ran a car trading business and sold 54 cars without a motor car trader’s licence between March 2016 and April 2017.

DPP Kerri Judd QC appealed both sentences to the County Court, on referral from Consumer Affairs Victoria, on the basis that they were inadequate and it was in the public interest to appeal.

The Court today allowed both appeals by the Director, resentencing Aziz to a conviction and total fine of $35,670. Hayvari was resentenced to a fine of $26,175.

For further information contact:

Danielle Alosi

03 9603 7858