Director General NSW Department of Agriculture v Temmingh [2003] NSWSC 247

New South Wales Supreme Court

CITATION : Director General NSW Department of Agriculture v Temmingh [2003] NSWSC 247 HEARING DATE(S) : 17, 18, 19, 24 March 2003 JUDGMENT DATE : 15 April 2003

JUDGMENT OF : Simpson J DECISION : Count 1 - fine $3,000; Count 3 - fine $2,000

CATCHWORDS : offences against Orders made pursuant to Stock Medicines Act 1989 - anabolic steroids - supply - use and record keeping - Crimes Act 1900 - Part 1A - application of criminal law extended beyond the territorial limits of NSW - determination of penalty - first prosecution under relatively new legislation - credit for pleas of guilty - costs Stock Medicines Act 1989 s46 Order No 1 of 1998 LEGISLATION CITED : Crimes Act 1900 Part 1A Supreme Court (Summary Jurisdiction) Act 1967 Veterinary Surgeons Act 1986 PARTIES : Director General NSW Department of Agriculture - Prosecutor Sven Arne Temmingh - Defendant FILE NUMBER(S) : SC 10470/02 COUNSEL : Mr MG O'Brien - Prosecutor Ms E Fullerton SC - Defendant SOLICITORS : IV Knight - Prosecutor Peter Ash & Associates - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

15 April 2003

10470/02 Director General NSW Department of Agriculture v Sven Arne Temmingh

JUDGMENT 1 Her Honour: By summons dated 20 February 2002, the prosecutor, the Director General of the NSW Department of Agriculture, charged the defendant, Sven Arne Temmingh, with three offences against Orders made pursuant to the Stock Medicines Act 1989. On 18 March 2003, through his solicitor, Mr Ash, the defendant entered a plea of guilty to each of the first and third charges. The prosecutor accepted the two pleas of guilty in full satisfaction of the summons. 2 By s46 of the Stock Medicines Act, the Director General of the Department of Agriculture is empowered to make Orders concerning the supply or use of stock medicines. On 9 July 1998 the Director General made an Order, numbered 1998/1, concerning the supply and use of anabolic steroids. The Order was published in the NSW Government Gazette on 17 July 1998. 3 Clause 3 of Order 1998/1 is relevantly in the following terms: "3. Supply, use and record keeping The following prohibitions and regulations apply to injectable steroids: A. Subject to clauses 3B(ii) and 6, a veterinary surgeon must not prescribe the supply of, or supply, an injectable steroid to any person."