Prosecution - Mr Andrius Miliauskas
On 24 August 2019, a consumer purchased a 2012 Peugeot 508 from Newcastle Motors, then trading at Unit 1 Ballymount Cross Industrial Estate, Ballymount, Dublin 24.
The vehicle had been previously crashed but the consumer was not informed of this by the salesperson Mr Andrius Miliauskas at the time of the transaction. The Consumer Protection Act 2007 provides that it is a misleading commercial practice offence to provide false information in relation to the usage or prior history of a vehicle if the information would likely cause the average consumer to make a transactional decision that the average consumer would not otherwise make. It is also a misleading commercial practice offence to engage in a practice likely to cause the average consumer to be deceived or misled in relation to the usage or prior history of a vehicle if that practice is likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
On 2 October 2023 Mr Miliauskas was found guilty at a hearing at the Four Courts. He subsequently appealed his conviction and sentence.
On 13 December 2024 an appeal hearing was held and Judge Sarah Berkeley affirmed the District Court Order.
On 18 December 2024 Mr Miliauskas was sentenced. The District Court order was affirmed in which Mr Miliauskas was fined €2,000, ordered to pay the CCPC’s costs of €1,820 and ordered to pay compensation to the consumer of €2,500. In addition, he was ordered to pay the CCPC costs of the appeal totalling €4,027.50. This included €399 for witness costs and €3,628.50 for legal costs. The fine and costs are to be paid within 6 months.
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