Federal Court of Australia
Federal Court of Australia
Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (Ruling No 3) [2020] FCA 1714 File number: VID 224 of 2019
Ruling of: BROMWICH J
Date of ruling: 18 November 2020
Catchwords: EVIDENCE – objections to evidence on basis of relevance to fault element for the circumstance physical element in s 44ZZRD(4) of the Competition and Consumer Act 2010 (Cth) and on the basis that probative value is outweighed by the danger of unfair prejudice – objections rejected
Legislation: Criminal Code (Cth) ss 3.2(b), 5.3 Competition and Consumer Act 2010 (Cth) ss 79(1)(b), 44ZZRD, 44ZZRF Evidence Act 1995 (Cth) ss 55, 137
Cases cited: Commonwealth Director of Public Prosecutions v The Country Care Group Pty Ltd (Ruling No 2) [2020] FCA 1713 Kural v The Queen (1987) 162 CLR 502 Pereira v Director of Public Prosecutions (1988) 82 ALR 217 R v Campbell [2008] NSWCCA 214; 73 NSWLR 272 R v Hillier [2007] HCA 13; 228 CLR 618 Saad v R (1987) 70 ALR 667 The Country Care Group Pty Ltd v Commonwealth Director of Public Prosecutions [2020] FCAFC 30
Division: General Division
Registry: Victoria
National Practice Area: Federal Crime and Related Proceedings
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