MURRAY v R; AMMCEM PTY LTD v R [2009] NSWDC 437

MURRAY v R; AMMCEM PTY LTD v R [2009] NSWDC 437

The appeals were dismissed because the breaches of the Act and Regulations at the child care centres were numerous and serious, created risks to children, required significant deterrence, and the magistrate had already taken Ms Murray's personal circumstances into account by imposing fines far below the maximum penalty.

Jurisdiction
Australia
Judgment Date
09 June 2009
Procedural Posture
Criminal Conviction Appeal / Appeal From Orders of the Magistrate; Ex Tempore Judgment
Outcome
The appeals are dismissed and the orders of the magistrate are confirmed.
Legal Topics
['conviction Appeal' 'child Care Centre Safety' "breach of Children's Services Regulations" 'penalty and Deterrence']
['criminal Law' "children's Services Regulation"] ['conviction Appeal' 'child Care Centre Safety' "breach of Children's Services Regulations" 'penalty and Deterrence']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Appeal From Orders of the Magistrate; Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the appeals concerning breaches of the Children and Young Persons (Care and Protection) Act and the Children's Services Regulations at two child care centres should be allowed." "Whether the magistrate's fines and costs orders should be disturbed in light of the seriousness of the breaches, deterrence, guilty pleas, lack of prior criminal record and financial hardship."]

Ratio Decidendi

The appeals were dismissed because the breaches of the Act and Regulations at the child care centres were numerous and serious, created risks to children, required significant deterrence, and the magistrate had already taken Ms Murray's personal circumstances into account by imposing fines far below the maximum penalty.

Court Disposition

The appeals are dismissed and the orders of the magistrate are confirmed.

Orders

  • ["Andrea Murray is to pay $750, being the prosecutor's costs of the appeal." "Ammcem Pty Ltd is to pay $750, being the prosecutor's costs of the appeal."]