Green, A. v. Ford, J.A. [1985] FCA 345

Green, A. v. Ford, J.A. [1985] FCA 345

The court determined that for eleven of the charges, the defendant made false representations by publishing and distributing (including via post) a magazine and invoices misrepresenting sponsorship and approval by the Australian Volunteer Coast Guard Association, after the withdrawal of authority. Proof was established that the documents were sent by post, the informations were laid within the time limit, and the defence of reasonable mistake was unavailable as the publication was outside the scope of the terminated agreement. For other charges, where postal delivery was not sufficiently proved, the charges failed.

Parties
Prosecutor: Alan Green; Defendant: John Anthony Ford
Jurisdiction
Australia
Judgment Date
25 July 1985
Procedural Posture
Criminal Prosecution / Judgment on Guilt and Orders, Penalty to Be Later Argued
Outcome
The defendant was found not guilty and discharged on charges G15/84, G16/84, G17/84 and G18/84. The defendant was found guilty on charges G19/84, G20/84, G21/84, G22/84, G23/84, G24/84, G25/84, G26/84, G27/84, G28/84 and G48/84; these matters were stood over to a date to be fixed for argument on penalty.
Legal Topics
Misrepresentation in Trade or Commerce, Sponsorship and Approval Misrepresentations, Use of Postal Services Under Trade Practices Act, Defences to Prosecution Under Trade Practices Act
Trade Practices Consumer Law Criminal Law Misrepresentation in Trade or Commerce Sponsorship and Approval Misrepresentations Use of Postal Services Under Trade Practices Act Defences to Prosecution Under Trade Practices Act

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Parties

Alan Green

Prosecutor

John Anthony Ford

Defendant

Procedural Posture

Criminal Prosecution / Judgment on Guilt and Orders, Penalty to Be Later Argued

Legal Issues

  1. 1 Whether the defendant made false representations as to sponsorship and approval in contravention of s.53(c) and s.53(d) of the Trade Practices Act 1974
  2. 2 Whether the representations involved the use of postal services
  3. 3 Whether informations were laid within the statutory period

Ratio Decidendi

The court determined that for eleven of the charges, the defendant made false representations by publishing and distributing (including via post) a magazine and invoices misrepresenting sponsorship and approval by the Australian Volunteer Coast Guard Association, after the withdrawal of authority. Proof was established that the documents were sent by post, the informations were laid within the time limit, and the defence of reasonable mistake was unavailable as the publication was outside the scope of the terminated agreement. For other charges, where postal delivery was not sufficiently proved, the charges failed.

Court Disposition

The defendant was found not guilty and discharged on charges G15/84, G16/84, G17/84 and G18/84. The defendant was found guilty on charges G19/84, G20/84, G21/84, G22/84, G23/84, G24/84, G25/84, G26/84, G27/84, G28/84 and G48/84; these matters were stood over to a date to be fixed for argument on penalty.

Orders

  • The defendant is found not guilty and discharged in respect of charges G15/84, G16/84, G17/84, G18/84.
  • The defendant is found guilty in respect of charges G19/84, G20/84, G21/84, G22/84, G23/84, G24/84, G25/84, G26/84, G27/84, G28/84 and G48/84; these matters are stood over for argument on penalty.