Director General NSW Department of Agriculture v Temmingh [2003] NSWSC 247

Director General NSW Department of Agriculture v Temmingh [2003] NSWSC 247

The defendant is convicted of contravening clause 3A of Order 1998/1 by supplying injectable steroids by post on two occasions and of contravening clause 8C by making false entries in records. Jurisdiction does not extend to supply wholly outside NSW. Penalty determined considering quantities, absence of records,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 April 2003
Procedural Posture
Criminal / Sentencing Decision
Outcome
Guilty pleas to two counts; fines imposed; further proceedings on costs deferred; conviction and sentence not yet pronounced at this stage.
Legal Topics
['offences Against Orders Under Stock Medicines Act 1989' 'supply and Use of Anabolic Steroids' 'record Keeping Requirements' 'application of Criminal Law Beyond Nsw' 'penalty Determination']
['criminal Law' 'veterinary Regulation'] ['offences Against Orders Under Stock Medicines Act 1989' 'supply and Use of Anabolic Steroids' 'record Keeping Requirements' 'application of Criminal Law Beyond Nsw' 'penalty Determination']

Source-derived case record

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Procedural Posture

Criminal / Sentencing Decision

Legal Issues

  1. 1 ['Whether the defendant contravened clause 3A of Order 1998/1 by supplying injectable steroids' 'Whether the defendant contravened clause 8C by making false or misleading entries in a record' 'Application of territorial jurisdiction under Crimes Act 1900 Part 1A' 'Determination of penalty for offences under Stock Medicines Act 1989']

Ratio Decidendi

The defendant is convicted of contravening clause 3A of Order 1998/1 by supplying injectable steroids by post on two occasions and of contravening clause 8C by making false entries in records. Jurisdiction does not extend to supply wholly outside NSW. Penalty determined considering quantities, absence of records, plea of guilty, and mitigating factors.

Court Disposition

Guilty pleas to two counts; fines imposed; further proceedings on costs deferred; conviction and sentence not yet pronounced at this stage.

Orders

  • ['Fine of $3,000 for supplying steroids under clause 3A' 'Fine of $2,000 for making false entries under clause 8C' 'Costs order deferred pending assessment' 'Direction to furnish certificate of conviction to Veterinary Surgeons Investigating Committee']