Background
Our client in this case study operated a food business (restaurant and take away) in St Kilda.
Following a food safety assessment undertaken by an Environmental Health Officer (Bayside City Council) on our client's premises, several breaches of the Food Standard Code were identified.
A few months after this inspection a customer of the business reported that after she purchased food she noticed a foreign object contained in her food.
A complaint was made to the Council, and subsequently, our client was charged with various offences pertaining to breaches of the Food Standard Code, and for handling and selling unsuitable food.
Court Outcome
Our client was charged with 24 offences under the Act however as a result of negotiations with the prosecution our client pleaded guilty to 10 offences under the Act (section 12, and 9 offences under section 16).
The case was set down for a one-hour hearing, and during this plea hearing, detailed submissions were made to the Court addressing the gravity of the offending, relevant sentencing principles and our client's circumstances.
Our client's cooperation with the investigators, his early plea, and the absence of any prior court history were powerful factors in mitigation.
For all offences, our client was fined $25,000. Importantly, the sentencing Magistrate exercised his discretion not to record a conviction, thereby enabling our client to avoid further reputational damage.
For a more detailed discussion concerning the offence of Handle and sell unsuitable food read our article.
If you need legal advice or representation regarding offences under the Food Act 1984 (Vic), don't hesitate to reach out to Pascoe Criminal Law for expert guidance. Contact us today to protect your rights and your business.
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