Sentencing — vehicle trading without registration — proceeding in defendant's absence — Motor Vehicle Sales Act 2003, ss 6, 8, 10 & 95 — Criminal Procedure Act 2011, ss 119 & 124 — New Zealand Transport Agency — Evidence Act 2006, s 19. The defendant faced one charge of carrying on the business of motor vehicle trading without being registered, an offence under s 95 of the Motor Vehicle Sales Act. The defendant failed to appear for the trial. However the Judge decided to advance with the case as it was a category 1 offence and fell under the Criminal Procedure Act, s 119. The defendant was found to have sold 12 vehicles to 12 different individuals over the time of alleged offending. Further it was established that the defendant was not registered during the relevant period. Having proven the two elements of the offence, the onus shifted to the defendant to prove that the vehicles were not sold for the primary purpose of "gain", as used in s 8(1)(b). The Judge accepted the prosecutor's submission that in the absence of evidence from the defendant, his conduct in selling the vehicles indicated he was selling primarily for gain, be it to make a profit, offset losses or avoid costs. The charge was proven but sentencing was delayed so the defendant could be informed of his conviction. Judgment Date: 4 March 2019.