Australian Competition and Consumer Commission v Davies (No 2) [2015] FCA 1290

Australian Competition and Consumer Commission v Davies (No 2) [2015] FCA 1290

Given the seriousness of the offence, the need for general deterrence, Mr Davies' lack of contrition, partial cooperation, and financial circumstances, a community service order for 200 hours under s 20AB(1) of the Crimes Act 1914 (Cth) is the appropriate penalty rather than imprisonment or a fine.

Jurisdiction
Australia
Judgment Date
20 November 2015
Procedural Posture
Criminal / Sentencing
Outcome
Respondent convicted; order for community service made.
Legal Topics
['sentencing' 'breach of S 155 Trade Practices Act' 'aiding and Abetting' 'community Service Order']
['criminal Law' 'competition and Consumer Law'] ['sentencing' 'breach of S 155 Trade Practices Act' 'aiding and Abetting' 'community Service Order']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ["What is the appropriate sentence for aiding, abetting, counselling or procuring a company's failure to comply with a notice under s 155(1) of the Trade Practices Act 1974 (Cth)?"]

Ratio Decidendi

Given the seriousness of the offence, the need for general deterrence, Mr Davies' lack of contrition, partial cooperation, and financial circumstances, a community service order for 200 hours under s 20AB(1) of the Crimes Act 1914 (Cth) is the appropriate penalty rather than imprisonment or a fine.

Court Disposition

Respondent convicted; order for community service made.

Orders

  • ['The respondent is convicted of the offence of aiding, abetting, counselling or procuring Natural Food Vending Pty Ltd in failing to comply with a notice issued to it under s 155(1) of the Trade Practices Act 1974 (Cth) contrary to s 155(5)(a) of the Trade Practices Act 1974 (Cth).' 'Pursuant to s 20AB of the...