Have you been charged with Knowingly Falsely Describing Food?
If found guilty of this serious offence, you could be facing a significant fine or even prison. See a specialist criminal lawyer as soon as possible to see if you have a defence.
Some questions to consider are: Can the prosecution make out their case? Did you cause food intended for sale to be falsely described? Or did you sell food you knew to be falsely described, knowing it could potentially be dangerous for a consumer who relies on the description?
These are the sorts of things you will need to discuss with your lawyer prior to appearing before a court. Please read below for more information in relation to this charge.
The offence
Section 10 of the Food Act 1984.
The prosecution must prove:
The defendant falsely described food intended for sale;
The defendant knew that a consumer of the food who relies on the description would, or would be likely to suffer physical harm.
The maximum penalty
In the case of an individual, a penalty of $100,000 or imprisonment for 2 years, or both. In the case of a corporation, a penalty of $500,000.
Where will my case be heard?
Knowingly Falsely Describing Food 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.
Don’t delay, as thorough preparation is essential to maximise your chance of a successful outcome.
If you have been charged with Knowingly Falsely Describing Food call us, and speak to an experienced lawyer today.
The legislation
Section 10 Knowingly falsely describing food
(1) A person must not cause food intended for sale to be falsely described if the person knows that a consumer of the food who relies on the description will, or is likely to, suffer physical harm.
(2) A person must not sell food that the person knows is falsely described and will, or is likely to, cause physical harm to a consumer of the food who relies on the description.
(3) A person who contravenes subsection (1) or (2) is guilty of an indictable offence and is liable to a penalty not exceeding—
(a) in the case of an individual, $100 000 or imprisonment for 2 years, or both;
(b) in the case of a corporation, $500 000.
