K-Form’s level of culpability was described as ‘towards the mid-level of seriousness for an offence’.
The Chief Magistrate considered that:
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The authorities make clear that general deterrence has a particular significance in this type of case, even where no actual injury has resulted from the breach occasioned. Specific deterrence remains a consideration, however, particularly in relation to a person, corporate or otherwise, [who] will continue to practice in the industry ... As with any criminal matter, the likelihood of further offending is a relevant consideration. |
The authorities make clear that general deterrence has a particular significance in this type of case, even where no actual injury has resulted from the breach occasioned. Specific deterrence remains a consideration, however, particularly in relation to a person, corporate or otherwise, [who] will continue to practice in the industry ... As with any criminal matter, the likelihood of further offending is a relevant consideration.
Chief Magistrate Walker cited the importance of general and specific deterrence, as well as the seriousness of occupational health and safety offences. Since K-Form was likely to continue operating in the industry, the Chief Magistrate found it necessary to record a conviction against K-Form to meet the sentencing objectives of OHS legislation.
X Y HOSPITALITY PTY LTD TRADING AS XY DIM SIM DUMPLING HOUSE
There have been an increasing number of matters referred to the Office for prosecution involving breaches of food standards and hygiene regulations. One such matter arose after the XY Dim Sim Dumpling House at the Deakin Soccer Club was subject to an inspection by an Inspector from the Health Protection Service. A number of breaches of the Food Act 2001 were identified. Those included handling food in a way that is likely to render the food unsafe, handling food in a way that is likely to render the food unsuitable and failure to comply with the Food Standards Code.
The conduct involved having unclean premises and using unclean equipment, storing food in containers and wrappers which were not suitable for the purpose, not having accessible and appropriate hand washing facilities and a lack of skill and knowledge in relation to food handling and storage standards. The company also failed to comply with a notice to remedy these breaches of hygiene standards.
A prosecution was commenced against XY Hospitality Pty Ltd and pleas of guilty were entered by the corporation in relation to all matters. The maximum penalties in relation to the charges included fines of between $55,000 and $275,000.
XY Hospitality Pty Ltd was sentenced by the Chief Magistrate who imposed fines totalling $49,500. A clear distinction was made between a fine ordinarily imposed upon an individual for similar offences (usually ranging from $2000 to $4000 for each charge), and that imposed upon a corporation, setting a useful legal precedent.
QUIANG HUA FAN
On 14 and 16 July 2010 Public Health Officers and officers from the ACT Planning Land Authority inspected five severely overcrowded residential premises in the ACT. The houses were 3, 4 or 5 bedroom suburban houses with between 13 and 32 people living in
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ANNUAL REPORT 2011-12 DIRECTOR OF PUBLIC PROSECUTIONS 33
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