Sully, Peter Julian v. Darwin Bakery Pty Ltd [1981] FCA 11

Sully, Peter Julian v. Darwin Bakery Pty Ltd [1981] FCA 11

The defendant made misleading statements as to price reductions which did not accord with reductions in weight or gazetted controlled prices, in breach of s.53(e) of the Trade Practices Act 1974. Mens rea is not required for conviction, and there was no factual basis for the statutory defence of mistake under s.85.

Parties
Prosecutor: Peter Julian Sully; Defendant: Darwin Bakery Pty. Limited
Jurisdiction
Australia
Judgment Date
18 February 1981
Procedural Posture
Criminal Prosecution / Judgment (conviction and Penalty)
Outcome
Convictions recorded against defendant for four offences. Fined $4,000 for each offence and ordered to pay prosecutor's costs.
Legal Topics
False or Misleading Statements, Sale of Goods, Mens Rea, Statutory Defence, Penalty Assessment
Consumer Protection Trade Practices False or Misleading Statements Sale of Goods Mens Rea Statutory Defence Penalty Assessment

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Parties

Peter Julian Sully

Prosecutor

Darwin Bakery Pty. Limited

Defendant

Procedural Posture

Criminal Prosecution / Judgment (conviction and Penalty)

Legal Issues

  1. 1 Whether the defendant made misleading statements regarding the price and weight of bread products contrary to s.53(e) of the Trade Practices Act 1974
  2. 2 Whether mens rea is an element of offences under s.53(e) of the Act
  3. 3 Whether the statutory defence under s.85 of the Act applies

Ratio Decidendi

The defendant made misleading statements as to price reductions which did not accord with reductions in weight or gazetted controlled prices, in breach of s.53(e) of the Trade Practices Act 1974. Mens rea is not required for conviction, and there was no factual basis for the statutory defence of mistake under s.85.

Court Disposition

Convictions recorded against defendant for four offences. Fined $4,000 for each offence and ordered to pay prosecutor's costs.

Orders

  • Defendant to pay a fine of $4,000 per offence, total $16,000, to the Registrar within 30 days or as the Court may fix.
  • Defendant to pay prosecutor's costs, liberty to apply.