LANGUAGE

Campbell's Cash & Carry Pty Ltd v. Director of Public Prosecutions

The Department of Public Prosecutions (DPP) brought 5 charges against the appellant, Campbell's Cash & Carry, for breach of s15(1)(b) of the Tobacco Advertising Prohibition Act 1992 (Cth), which prohibited the publication of tobacco advertisements.

The appellant was a wholesale grocer. It issued memberships to 3 schools, each of which obtained goods from the appellant for the school canteen etc. Each of the schools received a brochure from the appellant advertising tobacco products.

The appellant was found guilty in the Magistrates Court. It appealed against the convictions on a question of law - it said that the schools were not members of the public because they were members and therefore the brochures were provided to them in a private capacity. The appellant's argument was successful on appeal in the Magistrates Court.

This was the hearing of the DPP's appeal against that decision. The Victorian Court of Appeal found in favour of the DPP, reinstating the convictions.