Dr Denise Robinson v Eureka Operations Pty Ltd [2009] NSWSC 784

New South Wales Supreme Court

CITATION : Dr Denise Robinson v Eureka Operations Pty Ltd [2009] NSWSC 784

HEARING DATE(S) : 24/11/08, 19/12/08, 18/02/09, 19/06/09

JUDGMENT DATE : 13 August 2009

JUDGMENT OF : James J

1. For each of the 3 offences in which liability was contested I impose a fine of $5000. DECISION : 2. For each of the 23 offences in which liability was not contested I impose a fine of $4000. 3. As applied for by the prosecutor and not opposed by Eureka, I make an order under s 122 of the Fines Act that one half of the fines be paid to the prosecutor. 4. I make an order that Eureka pay the prosecutor's costs of the proceedings agreed at $50,000.

CATCHWORDS : CRIMINAL LAW — Supreme Court summary jurisdiction — sentencing — Public Health Act s 61B — displaying of tobacco advertisement

Crimes (Sentencing Procedure) Act LEGISLATION CITED : Criminal Procedure Act Fines Act Public Health Act

Camelleri's Stockfeeds Pty Ltd v Environment Planning Authority (1993) 32 NSWLR 683 Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd (2003) 196 ALR 350 Environment Protection Authority v Barnes [2006] NSWCCA 246 Environment Protection Authority v Waste Recycling and Processing Corporation [2006] NSWLEC 419 EPA v Buchanan (No 2) [2009] 165 LGERA 383 CASES CITED : EPA v Ross [2009] NSWLEC 36 Pearce v The Queen (1998) 194 CLR 610 R v Crombie [1999] NSWCCA 297 R v Doan (2000) 50 NSWLR 115 R v Weldon (2002) 136 A Crim R 55 Timothy Brokenshire (South Eastern Sydney Area Health Service) v Philip Morris Limited & Wavesnet.net.Pty Ltd (8 November 2002)