Dr Denise Robinson v Eureka Operations Pty Ltd [2009] NSWSC 784

Dr Denise Robinson v Eureka Operations Pty Ltd [2009] NSWSC 784

For each of 26 offences under s 61B of the Public Health Act, the court fixed fines by first determining the appropriate penalty for each, then reducing for totality. Fines were set at $5000 for each contested offence and $4000 for each guilty plea, reflecting objective seriousness, mitigating factors, the need for deterrence, and the principle of totality. Half the total fines were ordered paid to the prosecutor, and agreed costs were ordered to be paid as well.

Parties
Prosecutor: Dr Denise Robinson; Defendant: Eureka Operations Pty Ltd trading as Coles Express
Jurisdiction
Australia
Judgment Date
13 August 2009
Procedural Posture
Criminal Prosecution / Sentencing After Liability Finding and Pleas
Outcome
Fines imposed for each offence and costs order made against defendant.
Legal Topics
Sentencing, Tobacco Regulation, Statutory Offences, Corporate Liability
Criminal Law Public Health Law Sentencing Tobacco Regulation Statutory Offences Corporate Liability

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Parties

Dr Denise Robinson

Prosecutor

Eureka Operations Pty Ltd trading as Coles Express

Defendant

Procedural Posture

Criminal Prosecution / Sentencing After Liability Finding and Pleas

Legal Issues

  1. 1 What penalties are appropriate for multiple contraventions of s 61B of the Public Health Act?
  2. 2 How should the principle of totality be applied to fines in the present context?
  3. 3 Is the making of an order for payment of prosecutor's costs relevant to the amount of fines imposed?

Ratio Decidendi

For each of 26 offences under s 61B of the Public Health Act, the court fixed fines by first determining the appropriate penalty for each, then reducing for totality. Fines were set at $5000 for each contested offence and $4000 for each guilty plea, reflecting objective seriousness, mitigating factors, the need for deterrence, and the principle of totality. Half the total fines were ordered paid to the prosecutor, and agreed costs were ordered to be paid as well.

Court Disposition

Fines imposed for each offence and costs order made against defendant.

Orders

  • A fine of $5000 for each of the 3 contested offences.
  • A fine of $4000 for each of the 23 offences where liability was not contested.