Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Interville Technology Pty Ltd v Commonwealth Office of the Director of Public Prosecutions [2009] FCA 481
COPYRIGHT – appeal from sentence by Local Court of New South Wales for offences under section 132AJ(1) of the Copyright Act 1968 (Cth) – sentencing principles – "totality" principle – consideration of other offences contained in a schedule pursuant to section 16BA of the Crimes Act 1914 (Cth) Copyright Act 1968 (Cth) s 132AJ(1) Crimes Act 1914 (Cth) ss 16A, 16BA AFP v Natcomp Technology Australia (unreported, Downing Centre Local Court, 18 July 2006) referred to Cameron v The Queen (2002) 209 CLR 339 referred to Director of Public Prosecutions Cth v Said Khoda El Karhani [1990] 21 NSWLR 370 referred to Hamm v Middleton (1999) 44 IPR 656 referred to Kam Lai-Ha v McCusker (2000)49 IPR 44 followed Le v R (2007) 74 IPR 1 referred to Siganto v the Queen (1998) 194 CLR 656 referred to Vu v New South Wales Police Service (2007) 73 IPR 531 referred to INTERVILLE TECHNOLOGY PTY LTD (ACN 099 833 619) v COMMONWEALTH OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
NSD 1945 of 2008
JACOBSON J
8 MAY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1945 of 2008
ON APPEAL FROM THE DOWNING CENTRE LOCAL COURT
BETWEEN: INTERVILLE TECHNOLOGY PTY LTD (ACN 099 833 619)
Appellant
AND: COMMONWEALTH OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
Respondent
JUDGE: JACOBSON J
DATE OF ORDER: 8 MAY 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be allowed. 2. The penalty to be imposed in lieu of the figure of $80,000 handed down by Magistrate McIntosh on 25 November 2008 be a fine of $30,000 in respect of sequences 21 to 40.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using the Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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