Pannacchione v City of Rockingham

In the matter of Pannacchione versus the City of Rockingham, the appellant was convicted by the Magistrates Court of Western Australia of two separate offences under the Food Act 2008. The offences related to breaches of food safety regulations on two different dates. The appellant was fined $24,000 for each offence, resulting in a total fine of $48,000. The appellant sought leave to appeal against the sentence, arguing that the magistrate had not adequately taken into account the totality principle and the common facts of the two offences.

The legal issues for the court to decide included whether the magistrate had erred in sentencing by not sufficiently considering the principle of totality and the common facts of the two offences. The court was also required to determine if the total fine of $48,000 was appropriate, given the circumstances of the case.

In granting the appellant leave to appeal and allowing the appeal in part, the court found that the magistrate had indeed failed to adequately consider the totality principle and the common facts of the two offences. The court concluded that the magistrate's approach to sentencing resulted in a total fine that was excessive. The court set aside the fines for the offences committed on 1 May 2013 and substituted a single fine of $8,000 for both offences. This resulted in a total fine of $40,000, which the court found to be appropriate in the circumstances.