Hamm v Middleton - [1999] FCA 777

FEDERAL COURT OF AUSTRALIA
Hamm v Middleton [1999] FCA 777
COPYRIGHT – defendant charged on three counts – having in his possession, selling, and importing copies of laser video discs – defendant convicted on his own plea – considerations of appropriate penalty – order for forfeiture.
Copyright Act 1968 (Cth), ss 132(1)(b), 132(1)(d)(i), 132(2A)(a), 133(4)
Crimes Act 1914 (Cth), ss 5, 16A
Matter Nos. SG 120, 121 and 122 of 1998
GERALD THOMAS GEORGE HAMM v ROBERT HAMILTON MIDDLETON
VON DOUSSA J
ADELAIDE
21 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

SG 120 OF 1998

BETWEEN:

GERALD THOMAS GEORGE HAMM
Prosecutor

AND:

ROBERT HAMILTON MIDDLETON
Defendant

JUDGE:

VON DOUSSA J

DATE OF ORDER:

21 MAY 1999

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:
1.The defendant be convicted on one count for a contravention of s 132(2A)(a) of the Copyright Act 1968 (Cth).

2.        The defendant be fined the sum of $2,000.00.
3.        The defendant pay the prosecutor’s costs fixed at $400.00.
4.        The fine and costs be paid within three calendar months of 21 May 1999.
5.Pursuant to s 133(4) of the Copyright Act 1968 (Cth) there be delivered up to the owners of the copyright concerned the twenty-one laser video discs seized by the Australian Federal Police at Hindmarsh Gas Centre Pty Ltd (trading as The Laser Disc Shop) at 294 Port Road, Hindmarsh in the State of South Australia on about 26 October 1995.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

SG 121 OF 1998

BETWEEN:

GERALD THOMAS GEORGE HAMM
Prosecutor

AND:

ROBERT HAMILTON MIDDLETON
Defendant

JUDGE:

VON DOUSSA J

DATE OF ORDER:

21 MAY 1999

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:
1.The defendant be convicted on one count for a contravention of s 132(1)(b) of the Copyright Act 1968 (Cth).
2.The defendant be fined the sum of $750.00.
3.The fine be paid within three calendar months of 21 May 1999.
4.Pursuant to s 133(4) of the Copyright Act 1968 (Cth) there be delivered up to the owner of the copyright concerned the laser video discs acquired by Eric Leslie Dix from the Hindmarsh Gas Centre Pty Ltd (trading as The Laser Disc Shop) at 294 Port Road, Hindmarsh in the State of South Australia on about 23 October 1995.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

SG 122 OF 1998

BETWEEN:

GERALD THOMAS GEORGE HAMM
Prosecutor

AND:

ROBERT HAMILTON MIDDLETON
Defendant

JUDGE:

VON DOUSSA J

DATE OF ORDER:

21 MAY 1999

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:
1.The defendant be convicted on one count for a contravention of s 132(1)(d)(i) of the Copyright Act 1968 (Cth).
2.The defendant be fined the sum of $1,750.00.
3.The fine be paid within three calendar months of 21 May 1999.
4.Pursuant to s 133(4) of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hamm v Middleton

Details

AGLC: Hamm v Middleton [1999] FCA 777
Case: [1999] FCA 777
Decision Date: 21 MAY 1999

CaseChat Overview and Summary

Hamm v Middleton was a case before the Australian Federal Court, where the plaintiff, Hamm, brought proceedings against Middleton for alleged copyright infringement under the Copyright Act 1968 (Cth). The dispute centred around the defendant's actions in distributing and selling laser video discs that contained copyrighted material without the requisite permissions or licenses. The case arose from a series of raids conducted by the Australian Federal Police at various locations in South Australia, resulting in the seizure of numerous laser video discs.

The primary legal issues the court needed to address were whether the defendant had contravened specific sections of the Copyright Act and, if so, what penalties should be imposed. The court examined the provisions under s 132(2A)(a), s 132(1)(b), and s 132(1)(d)(i) to determine if the defendant's actions constituted infringements. It also needed to consider the appropriate fines and the disposition of the seized laser video discs under s 133(4) of the Act.

The court found that the defendant was guilty of multiple counts of copyright infringement. The reasoning hinged on the fact that the laser video discs in question were distributed and sold without the consent of the copyright owners, thereby violating the statutory provisions. The court determined the fines based on the severity and intent of the infringements. The fines were set at $2,000 for one count, $750 for another, and $1,750 for a third count. Additionally, the court ordered the delivery of the seized discs to the respective copyright owners. The defendant was also required to pay the prosecutor's costs and the fines within three months from the date of the judgment.

Orders

Orders of the court

1. The defendant be convicted on one count for a contravention of s 132(2A)(a) of the Copyright Act 1968 (Cth).

2. The defendant be fined the sum of $2,000.00.

3. The defendant pay the prosecutor’s costs fixed at $400.00.

4. The fine and costs be paid within three calendar months of 21 May 1999.

5. Pursuant to s 133(4) of the Copyright Act 1968 (Cth) there be delivered up to the owners of the copyright concerned the twenty-one laser video discs seized by the Australian Federal Police at Hindmarsh Gas Centre Pty Ltd (trading as The Laser Disc Shop) at 294 Port Road, Hindmarsh in the State of South Australia on about 26 October 1995.

Note:

1. The defendant be convicted on one count for a contravention of s 132(1)(b) of the Copyright Act 1968 (Cth).

2. The defendant be fined the sum of $750.00.

3. The fine be paid within three calendar months of 21 May 1999.

4. Pursuant to s 133(4) of the Copyright Act 1968 (Cth) there be delivered up to the owner of the copyright concerned the laser video discs acquired by Eric Leslie Dix from the Hindmarsh Gas Centre Pty Ltd (trading as The Laser Disc Shop) at 294 Port Road, Hindmarsh in the State of South Australia on about 23 October 1995.

1. The defendant be convicted on one count for a contravention of s 132(1)(d)(i) of the Copyright Act 1968 (Cth).

2. The defendant be fined the sum of $1,750.00.

3. The fine be paid within three calendar months of 21 May 1999.

4. Pursuant to s 133(4) of the Copyright Act 1968 (Cth) there be delivered up to the owners of the copyright concerned fourteen laser video discs which were seized by the Australian Federal Police at Air Express International on about 27 October 1995.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SG 120 OF 1998

BETWEEN:	GERALD THOMAS GEORGE HAMM Prosecutor
AND:	ROBERT HAMILTON MIDDLETON Defendant
JUDGE:	VON DOUSSA J
DATE OF ORDER:	21 MAY 1999
WHERE MADE:	ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SG 121 OF 1998

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SG 122 OF 1998