Green, A. v. Ford, J.A. [1985] FCA 470

Green, A. v. Ford, J.A. [1985] FCA 470

The offences, taken together, did not justify imposition of the maximum penalty, as they all arose from a single publication event, with mitigating factors including possible honest intent and lack of established widespread distribution.

Parties
Prosecutor: Alan Green; Defendant: John Anthony Ford
Jurisdiction
Australia
Judgment Date
13 September 1985
Procedural Posture
Penalty Proceeding / Judgment and Orders
Outcome
Penalties and costs orders made against defendant and prosecutor as detailed.

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Alan Green

Prosecutor

John Anthony Ford

Defendant

Procedural Posture

Penalty Proceeding / Judgment and Orders

Legal Issues

  1. 1 Appropriate penalties for offences related to publication and advertisement without authority

Ratio Decidendi

The offences, taken together, did not justify imposition of the maximum penalty, as they all arose from a single publication event, with mitigating factors including possible honest intent and lack of established widespread distribution.

Court Disposition

Penalties and costs orders made against defendant and prosecutor as detailed.

Orders

  • Defendant to pay a pecuniary penalty of $200 on each of charges G19 of 1984, G21 of 1984, G23 of 1984, G25 of 1984, and G27 of 1984.
  • Defendant to pay a pecuniary penalty of $20 on each of charges G20 of 1984, G22 of 1984, G24 of 1984, G26 of 1984 and G28 of 1984.