Australian Competition and Consumer Commission v Boyle

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Boyle [2015] FCA 1039

Citation:	Australian Competition and Consumer Commission v Boyle [2015] FCA 1039
Parties:	AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MICHAEL ANTHONY BOYLE
File number:	QUD 502 of 2014
Judge:	RANGIAH J
Date of judgment:	8 September 2015
Catchwords:	CRIMINAL LAW – sentencing – two charges of knowingly giving evidence that was false or misleading contrary to s 155(5) of the Competition and Consumer Act 2010 (Cth) – respondent pleaded guilty – need for general and specific deterrence – respondent demonstrated contrition and cooperation – no prior criminal history – respondent unlikely to reoffend – fine imposed
Legislation:	Competition and Consumer Act 2010 (Cth) ss 155(1) and (5) Crimes Act1914 (Cth) ss 16A(1) and 16A(2) Trade Practices Act 1979 (Cth) s 155(1)
Cases cited:	ACCC v Chaste Corporation (No 3) 2013 FCA 984 cited Australian Competition and Consumer Commission v Neville [2007] FCA 1583 cited Director of Public Prosecutions v Couper (2013) 41 VR 128 cited Forsyth v The Queen [2015] WASCA 36 cited R v Irwin [1999] NSWCCA 361 cited
Date of hearing:	8 September 2015
Place:	Brisbane
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	18
Counsel for the Applicant:	Ms KA Mellifont QC
Solicitor for the Applicant:	Commonwealth Director of Public Prosecutions
Counsel for the Respondent:	Mr R Devlin QC
Solicitor for the Respondent:	Motteram Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 502 of 2014

BETWEEN:	AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant
AND:	MICHAEL ANTHONY BOYLE Respondent

JUDGE:	RANGIAH J
DATE OF ORDER:	8 SEPTEMBER 2015
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The respondent pay a fine of $3,500 within 3 months; in default, 2 months’ imprisonment.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION	QUD 502 of 2014

BETWEEN:	AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant
AND:	MICHAEL ANTHONY BOYLE Respondent

JUDGE:	RANGIAH J
DATE:	8 SEPTEMBER 2015
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The respondent has pleaded guilty to two identically worded offences, namely:  

   On 20 June 2011 Michael Boyle, in purported compliance with a notice issued under s 155(1)(c) of the Competition and Consumer Act 2010 (Cth), knowingly gave evidence that was false or misleading, contrary to s 155(5)(b) of the Competition and Consumer Act2010 (Cth).

2. The respondent committed the offences by making false statements in the course of a compulsory examination conducted by the applicant.  The examination was conducted in the course of an investigation into a product known as SensaSlim, a product promoted as an appetite suppressant by a company called SensaSlim Pty Ltd.  The investigation also concerned the involvement of Peter Foster in the supply of SensaSlim. 

3. At the relevant time, s 155(1) of the Trade Practices Act 1974 (Cth) and Competition and Consumer Act gave the chairperson of the applicant the power to issue a notice requiring a person to attend…