Gardam, V. J. v George Wills & Co. Ltd [1988] FCA 300
The appropriate penalties were determined by considering the degree of culpability, the absence of wilful conduct, the defendant's remedial steps, lack of prior offences, and the need for deterrence. The wholesaler's culpability was less than the manufacturer's, but failure to exercise due diligence warranted financial penalties.
- Parties
- Prosecutor: Vernon John Gardam; Defendant: George Wills & Co. Ltd
- Jurisdiction
- Australia
- Judgment Date
- 16 June 1988
- Procedural Posture
- Penalty Proceeding (summary Prosecution) / Judgment on Penalty
- Outcome
- Defendant convicted and fined on three counts
- Legal Topics
- Consumer Product Safety Standards, Labelling Requirements, Penalties for Contravention
Case Brief
Summary, issues, holding and outcome
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Parties
Vernon John Gardam
Prosecutor
George Wills & Co. Ltd
Defendant
Procedural Posture
Penalty Proceeding (summary Prosecution) / Judgment on Penalty
Legal Issues
- 1 What are the appropriate penalties for contraventions of s.53(a) and s.62(1)(a) of the Trade Practices Act 1974 related to mislabelling of children's nightdresses?
Ratio Decidendi
The appropriate penalties were determined by considering the degree of culpability, the absence of wilful conduct, the defendant's remedial steps, lack of prior offences, and the need for deterrence. The wholesaler's culpability was less than the manufacturer's, but failure to exercise due diligence warranted financial penalties.
Court Disposition
Defendant convicted and fined on three counts
Orders
- As to the first count, the defendant is fined $1,500.
- As to the second count, the defendant is fined $1,000.
Full Case Text
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