R v Pan Pharmaceuticals Pty Ltd [2008] NSWDC 221

Pan Pharmaceuticals engaged in a course of deliberate and intentional criminal conduct by using false documents to circumvent approval processes and by exporting/manufacturing counterfeit therapeutic goods; the objective seriousness of the offending and the requirement for general deterrence justify substantial fines, with a reduction for guilty pleas.

Jurisdiction: Australia
Judgment Date: 19 September 2008
Procedural Posture: Criminal / Sentencing After Guilty Plea
Outcome: Convicted on guilty plea; fined.
Legal Topics: ['using False Instrument' 'counterfeit Therapeutic Goods' 'sentencing' 'guilty Plea' 'export of Pharmaceuticals']

['criminal Law' 'health Law'] ['using False Instrument' 'counterfeit Therapeutic Goods' 'sentencing' 'guilty Plea' 'export of Pharmaceuticals']

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Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

1 ['Whether Pan Pharmaceuticals knowingly used false documents to induce Vietnamese authorities to accept them as genuine' 'Whether Pan Pharmaceuticals dealt with counterfeit therapeutic goods in breach of the Therapeutic Goods Act']

Ratio Decidendi

Court Disposition

Convicted on guilty plea; fined.

Orders

['For each offence of knowingly using a false document, a fine of $500,000.' 'For each offence of dealing with counterfeit therapeutic goods, a fine of $125,000.']