Have you been charged with Knowingly Handling Food in an Unsafe Manner?
If the answer is yes, you will need to engage the services of a specialist criminal lawyer. If found guilty of this charge the maximum penalty is a significant fine, and possibly imprisonment.
Some questions you should consider with your lawyer before entering your plea include:
Can the prosecution make out all the elements of the charge? Did you handle food intended for sale? Did you do this in a way you knew would probably make the food unsafe? Are you being charged as an individual or as a corporation?
Please read below for more information in relation to this charge.
The offence
Section 8 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 knew would render, or likely render, the food unsafe.
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 Handling Food in an Unsafe Manner 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?
Preparation in relation to any criminal law matter is critical to the outcome. Ensure that you do not delay in obtaining legal advice.
If you have been charged with Knowingly Handling Food in an Unsafe Manner call us today, and speak with an experienced criminal lawyer.
The legislation
Section 8 Knowingly handling food in unsafe manner
(1) A person must not handle food intended for sale in a manner that the person knows will render, or 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, $100 000 or imprisonment for 2 years, or both;
(b) in the case of a corporation, $500 000.
