Have you been charged with Handling Food in an Unsafe Manner In Other Circumstances?
If so, ensure you consult a law firm that specialises in criminal law, as this charge carries significant penalties should you be found guilty.
Some questions you and your lawyer will need to consider are whether the prosecution can make out all the elements of the charge, and whether you handled food intended for sale in a manner you should reasonably have known would make it unsafe.
Please read below for more information in relation to this charge.
The offence
Section 8A of the Food Act 1984.
The prosecution must prove:
The defendant handled food intended for sale;
The defendant handled the food in a manner that they ought to have reasonably known would render the food unsafe.
The maximum penalty
In the case of an individual, a penalty of $75,000. In the case of a corporation, a penalty of $375,000.
Where will my case be heard?
Handling Food in an Unsafe Manner In Other Circumstances cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently, leaving plenty of time before your court date. Good preparation can be the difference between a good outcome and a conviction.
If you have been charged with Handling Food in an Unsafe Manner In Other Circumstances make an appointment to see one of our experienced lawyers today.
The legislation
8A Handling food in unsafe manner in other circumstances
(1) A person must not handle food intended for sale in a manner that the person ought reasonably to know is likely to render the food unsafe.
(2) A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding—
(a) in the case of an individual, $75 000;
(b) in the case of a corporation, $375 000.
