R v Comax-Pharma Pty Ltd [2008] NSWDC 200

R v Comax-Pharma Pty Ltd [2008] NSWDC 200

The offender's deliberate falsification of testing processes and certificates for therapeutic goods, undertaken by senior officers with reckless disregard for the law and community safety, required substantial fines to reflect the seriousness of the offences and general deterrence. Taking into account the s 16BA offence on Count 1, the guilty plea discount, and totality, fines of $270,000 on Count 1 and $252,000 on Count 2 were imposed.

Jurisdiction
Australia
Judgment Date
18 September 2008
Procedural Posture
Criminal / Sentence After Guilty Plea
Outcome
Offender convicted and fined a total of $522,000.
Legal Topics
['manufacture of Counterfeit Therapeutic Goods' 'false Laboratory Testing Records' 'corporate Criminal Liability' 'sentencing' 'general Deterrence' 'guilty Plea Discount' 'totality']
['criminal Law' 'therapeutic Goods Regulation'] ['manufacture of Counterfeit Therapeutic Goods' 'false Laboratory Testing Records' 'corporate Criminal Liability' 'sentencing' 'general Deterrence' 'guilty Plea Discount' 'totality']

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Procedural Posture

Criminal / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What penalty should be imposed on a corporation that pleaded guilty to manufacturing therapeutic goods knowing that they were counterfeit, contrary to Therapeutic Goods Act 1989 s 42E.' 'How the court should take into account a further offence on a Crimes Act 1914 (Cth) s 16BA form involving breach of a licence condition.' "What weight should be given to general deterrence, the offender's liquidation, the guilty plea, totality, and the interests of unsecured creditors."]

Ratio Decidendi

The offender's deliberate falsification of testing processes and certificates for therapeutic goods, undertaken by senior officers with reckless disregard for the law and community safety, required substantial fines to reflect the seriousness of the offences and general deterrence. Taking into account the s 16BA offence on Count 1, the guilty plea discount, and totality, fines of $270,000 on Count 1 and $252,000 on Count 2 were imposed.

Court Disposition

Offender convicted and fined a total of $522,000.

Orders

  • ['On Count 1, taking into account the offence on the Crimes Act 1914 s 16BA form, the offender is fined $270,000.' 'On Count 2, the offender is fined $252,000.']