Barton, E.A. v. Croner Trading Pty Ltd [1984] FCA 149

ee "JUDGMENT Now sath Sthae. -

CATCHWORDS

Criminal law and procedure - Application to state special ease - Contest as to finding of fact - Whether prosecutor should

have leave to re-open on hearing of application to state case -

Inference to be drawn from the circumstances - onus of proof.

EDWINA ALICE BARTON v. CRONER TRADING PTY. LIMITED

Beaumont, J. 7 June, 1984. Sydney.

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISTON )

TRADE PRACTICES ACT 1974 Sections 79 and 53(a) and 53(c)

BETWEEN : EDWINA ALICE BARTON

Prosecutor

AND CRONER TRADING PTY. LIMITED

Defendant

CORAM

Beaumont, J.

DATED: 7 June 1984.

REASONS FOR JUDGMENT

This is the statement of a special case to the Full Federal Court pursuant to s.25(6) of the Federal Court Act, 1976 made upon the application of both parties in a series

of prosecutions under s.79 of the Trade Practices Act, 1974.

The informations for the offences charge a number of contra- ventions of s.53(a) and (c) of the Trade Practices Act said to arise out of representations allegedly made by the

defendant in connection with the sale of certain toys. The

informations which are of immediate concern were laid on 1

Nos. G199 to G216 of 1983

2.

August 1983. The prosecution alleges that certain of the contraventions occurred on 2 August 1982 when the goods in question were displayed for sale at a retail store. A question arises in this connection, and otherwise, whether the prosecution was commenced within the one year time limit provided by s.21 of the Crimes Act, 1914 (see, for example,

Thompson v. Riley McKay Pty. Ltd. (Ne. 3) (1980) 43 F.L.R. 293).

Although both parties joined in the application to state a case to the Full Court, they were unable to agree on one particular fact to be included in the special case, namely, the date upon which a toy kangaroo was first displayed and offered for sale at Woolworths Limited's Big W