+1 862 207 3288 Moot Court
1) Prosecutor : 2 Examine the complainant ( Role )
2) EHO : Give evidence as a witness for the prosecution (Corresponding Role)
And awnser these question : ( base on scenario )
• Individual written submission (one page maximum) covering the following points:
o Brief summary of the case including an overview of the two roles you prepared for the moot (5 marks)
o The list of questions that you prepared for your allocated prosecuting role for the moot (5 marks)
o Any additional considerations regarding court etiquette that may be relevant to a prosecutor and/or environmental health officer. (5 marks)
Swinburne University of Technology
HES 4716 Health and Environmental Law 2
201 3 Moot court
Scen
ario
FORM 3
Magistrates’ Court Criminal Procedure Rules 2009
Rule 11
Charge- Sheet and Summons
(To be Filed at Court after Service)
Informant and Witnesses ‘ Unsuitable Dates
……………………………………………………………….
……………………………………………………………….
Preferred Dates
……………………………………………………………….
……………………………………………………………….
TO BE FILED AT COURT AFTER SERVICE
To the
Accused
James White
42 Garden Road
Collingwood
VICTORIA
Postcode 3042
M
F
Date of Birth
1/01/1979
Registration No.
State
You have been charged with an offence.
Read these pages to see what you must do.
Licence No. State
Details of the charge against you
What is the charge-sheet ?
(Description of offence)
1 On 10 September 2010, at Collingwood, you sold food, namely a
loaf of bread, that was unsuitable contrary to section 12(2) of the
Food Act 1984
PARTICULARS
A cigarette butt was found embedded in the loaf of bread
Under what law?
State Act Other Specify
C’wealth Reg.
Act or Regulation No.
10082/1984
Section or Clause (Full Ref)
12(2)
Are there more charges?
No Yes – See “Continuation of Charges” attached
Type of offence Summary offence Indictable offence
Request for committal
proceeding No Yes
Who filed the charge-sheet(s)?(Informant)
M Green
Authorised Officer
Agency Ref: NYC:5197652
Agency and Address
Good Governs City Council
c/ – Harpies Lawyers, 140 William Street, Melbourne 3000
Phone: 9288 0555 Email: m.green@goodgoverns.com.au
Fax No: 9288 0666
Signature of informant
Date
Filed at
Date
Where will the case be heard
Address
The Magistrates’ Court at Melbourne
233 William Street Melbourne
Phone No. 9628 7777
When
Time
10.00am
Day
24
Month
October
Year
2010
Details about this summons
Issued at
Date
Issued by (Signature)
Registrar
Magistrate
Member of police force
Prescribed person
FORM 2 Court ref.
Continuation of Charges
Magistrates’ Court Criminal Procedure Rules 2009
Rule 11
Page No. 2
TO BE FILED AT COURT AFTER SERVICE
Person Charged James White, 42 Garden Road, Collingwood, VICTORIA, 3042
2 (Description of offence)
On 10 September 2010, at Collingwood, you failed to comply with a requirement imposed upon
you by the Food Standards Code in relation to the conduct of a food business contrary to
section 16(1) of the Food Act 1984.
PARTICULARS
You did not maintain the food premises to the standard of cleanliness required under section
19(1) of Division 5 of Food Standard 3.2.2.
State Act Other Specify
C’wealth Reg.
Act or Regulation No.
10082/1984
Section or Clause (Full Ref.)
16(1)
Summary offence Indictable offence
Request for committal
proceeding
No Yes
3 (Description of offence)
On 10 September 2010 at Collingwood you failed to comply with a requirement imposed upon
you by the Food Standards Code in relation to the conduct of a food business contrary to
section 16(1) of the Food Act 1984.
PARTICULARS
You did not store potentially hazardous food at the food premises under temperature control as
required under section 6 of Division 3 of Food Standard 3.2.2.
State Act Other Specify
C’wealth Reg.
Act or Regulation No.
10082/1984
Section or Clause (Full Ref.)
16(1)
Summary offence Indictable offence
Request for committal
proceeding
No Yes
Are there any more
charges?
No Yes – see page no. 3
Signature of Informant
Agency and Address
Good Governs City Council
c/ – Harpies Lawyer, 140 William Street Melbourne 3000
Phone: 9288 0555 Email: m.green@goodgoverns.com.au
Fax No: 9288 0666
Agency Ref: NYC:5197652
Signature of Registrar
Date
Filed at
Date
[KMS: 10158891_1]
FORM 2 Court
ref.
Continuation of Charges
Magistrates’ Court Criminal Procedure Rules 2009
Rule 11
Page No. 3
TO BE FILED AT COURT AFTER SERVICE
Person Charged James White, 42 Garden Road, Collingwood, VICTORIA, 3042
4 (Description of offence)
On 10 September 2010, at Collingwood, you failed to comply with a requirement imposed upon
you by the Food Standards Code in relation to the conduct of a food business contrary to
section 16(1) of the Foo d Act 1984.
PARTICULARS
You did not store food in such a way that it was protected from the likelihood of contamination
as required under section 6 of Division 3 of Food Standard 3.2.2.
State Act Other Specify
C’wealth Reg.
Act or Regulation No.
1 0082/1984
Section or Clause (Full Ref.)
16(1)
Summary offence Indictable offence
Request for committal
proceeding
No Yes
5 (Description of offence)
On 10 September 2010, at Collingwood, you sold food namely a loaf of bread that was unsafe
contrary to section 11(2) of the Food Act 1984.
PARTICULARS
A cigarette butt was found embedded in a loaf of bread.
State Act Other Specify
C’wealth Reg.
Act or Regulation No.
10082/1984
Section or Clause (Full Ref.)
11(2)
Summary offence Indictable offence
Request for committal
proceeding
No Yes
Are there any more
charges?
No Yes – see page no. 4
Signature of Informant
Agency and Address
Good Governs City Council
c/ – Harpies Lawyer, 140 William Street Melbourne 3000
Phone: 9288 0555 Email: m.green@goodgoverns.com.au
Fax No: 9288 0666
Agency Ref: NYC:5197652
Signature of Registrar
Date
Filed at
Date
[KMS: 10158891_1]
FORM 2 Court
ref.
Continuati on of Charges
Magistrates’ Court Criminal Procedure Rules 2009
Rule 11
Page No. 4
TO BE FILED AT COURT AFTER SERVICE
Person Charged James White, 42 Garden Road, Collingwood, VICTORIA, 3042
6 (Descriptio n of offence)
On 10 September 2010, at Collingwood, you failed to comply with a requirement imposed upon
you by the Food Standards Code in relation to the conduct of a food business contrary to
section 16(1) of the Food Act 1984.
PARTICULARS
You failed to develop a food safety program in accordance with clause 3 of Food Standard
3.2.1.
State Act Other Specify
C’wealth Reg.
Act or Regulation No.
10082/1984
Section or Clause (Full Ref.)
16(1)
Summary offence Indictable offence
Request for c ommittal
proceeding
No Yes
(Description of offence)
***
***State ***Act ***Other Specify
***C’wealth ***Reg.
Act or Regulation No.
***
Section or Clause (Full Ref.)
***
Summary offence Indictable of fence
Request for committal
proceeding
No Yes
Are there any more
charges?
No Yes – see page no.
Signature of Informant
Agency and Address
Good Governs City Council
c/ – Harpies Lawyer, 140 William Street Melbourne 3000
Phone: 9288 0555 Email: m.green@goodgoverns.com.au
Fax No: 9288 0666
Agency Ref: NYC:5197652
Signature of Registrar
Date
Filed at
Date
[KMS: 10158891_1]
STATEMENT
My name is Susan/Samu el Baker and I live at 12 Smith Road, Collingwood.
On 10 September 2010 I drove my daughter, Mary Baker to the shopping centre at 42
Garden Road, Collingwood. I gave Mary a $5.00 note and asked her to buy a French bread
stick from the Sunny Hot Bread Bakery. Mary ran into the shopping centre and soon returned
with a French bread stick. Mary gave me $1.20 change.
When I got home I took the bread stick out of the plastic bag and placed it on a plate on my
kitchen bench. Later that day I sliced up the bread stick and put it into the microwave for one
minute and 20 seconds. I then spread liverwurst spread on several of the warmed slices of
bread.
I served the bread to my parents at my kitchen table. I took a bite of a slice of bread and as I
chewed the bread I noticed a cigarette taste in my mouth. As I chewed on the bread I
realised that there was something else was in my mouth apart from bread. I spat the
contents of my mouth into my hand and discovered a cigarette butt in the bread.
I placed the cigarette butt onto a plate on my kitchen bench and rang the health department
at the Good Governs City Council. I reported the incident to an environmental health officer,
Michelle/Michael Green, who collected the cigarette butt later that day.
…………………………….
Signed
Susan/Samu el Baker
9 March 20 11
6
[KMS: 10158891_1]
STATEME NT
My name is Michelle/Michael Green and I am an environmental health officer employed by
Good Governs City Council. I am authorised under the Food Act 1984.
On 10 September 2010 I was contacted by Susan/Samual Baker who made a complaint
about a cigarette butt she had found in a French bread stick which she purchased from the
Sunny Hot Bread Bakery at the Shopping Centre at 42 Garden Road, Collingwood.
She told me she nearly vomited when she took a bite into a piece of bread and found a
cigarette butt in her mouth.
I collected the cigarette butt at about 6pm that afternoon. I placed the cigarette butt in a
plastic bag and placed it into my car dash- box.
On 28 September 20 10 I took the cigarette butt into Dunn Sun and Rock, Analysts for
assessment.
On 3 October 20 10 I inspected the Sunny Bread Bakery at the shopping centre at 42 Garden
Road, Collingwood. The name of the proprietor was not affixed to the food premises. I
entered the bakery and asked to speak to the manager. I was then greeted by James White
who said he was in charge of the business.
I asked James to allow me entry to inspect the back area of the bakery and he showed me
the food preparation processes employed at the bakery. On inspecting the rear of the
premises I observed the following:
• T here was mould and built up grease and dirt on the food preparation benches and
walls.
• Raw chicken was stored in open buckets on the floor next to the pizza oven.
• a dough mixer was cracked and was chipped and rusty.
• T here were spider webs in the corners of the ceiling and the roof timber had missing
slats where I could see into the roof cavity.
• T here was no water connected to the hand basin in the food preparation area.
• T he toilet cubicle was full of old boxes stacked to the ceiling and the toilet hand wash
area had no paper towels or soap.
• There were cockroaches behind the fridge.
Additionally, James was not able to produce a Food Safety Program or to identify the
Food Safety Supervisor at the premises. He said that the Food Safety Program was not
availa ble because it was being updated at the time. He was unable to produce records of
complaints made by consumers or of temperature monitoring at the premises.
I also noticed a packet of cigarettes on a shelf above the dough mixing area. There were
many cigarette butts on the ground at the rear entrance to the bakery.
I told James that I needed to interview him formally and that he was to answer my
questions or I would prosecute him. The following exchange then took place.
Me: I need to interview you about my inspection and a complaint that council
has received. I must inform you that you are not obliged to say or do anything bu
anything you say or do may be given in evidence. Do you understand that?
7
[KMS: 10158891_1]
James Yes
Me: You are the boss at this shop and I have observed that it is unclean and
unhygienic. What do you have to say about that?
James : We are understaffed today and we had a special catering order yesterday –
the place is usually spotless but we have been under extra pressure, that’s
all.
Me: A cigarette butt was found in bread that was baked here. I saw a packet of
cigarettes out the back of the bakery. Why did you let food become
contaminated this way?
James : I don’t know what you are talking about. I don’t smoke.
Me: Okay, but there are cigarette butts on the ground at the back entrance to
the bakery. How do you explain that?
James : My staff have told me that there are several workers from other shops who
smoke out there. It has nothing to do with me.
Me: Okay, you should be aware that we might use this information against you if
the Council decides to take the matter further.
Interview concluded
I resolved to commence a prosecution against James .
Signed
Michelle/Michael Green
8
[KMS: 10158891_1]
DS&R
Food Act 1984
Food (Forms and Registration) Regulations 2005
CERTIFICATE OF ANALYSIS
I, Andrew Davies the undersigned, of 52 – 58 Market Street, North Melbourne, Victoria,
certify that on 30 September 20 10, I received from Michelle/Michael Green, EHO of Good
Governs City Council a sample unsealed and marked “Good Governs City Council – M
Green – 28/09/ 10 —- Cigarette Butt”, that I have analysed the sample and that the result
of my analysis is as follows:
Sample: food contaminate d
The sample consisted of:
1. A cigarette butt fou nd embedded in bread, submitted for examination in connection
with complaint ref: 0022345
2. The cigarette butt was embedded in white bread.
3. Analysis of the condition of the cigarette butt was consistent with the cigarette butt
having undergone a process of cooking or baking.
I am of the opinion that no change has taken place in the constitution of the sample
which would affect the proportion of any constituent set out above.
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