The Court: Melbourne Magistrates Court
The Lawyer: Lucy Massouras
The Charges:
- Selling Goods with False Trademarks
The Allegations:
The client was employed in the fashion business. In the course of her work, she came across a company selling wholesale replica goods such as handbags and jewellery. She purchased some for her personal use and received so many compliments and requests for purchase that she decided to set up a business selling the goods at parties.
The client was charged after an undercover investigator attended one of her parties and purchased several counterfeit items.
The Court:
The client knew that it was illegal to sell counterfeit items but did not realise the extent to which her actions breached the law. She had never been in trouble before and was embarrassed and frightened by the proceedings against her. She was particularly concerned by the impact that a criminal conviction would have on her ability to travel, as this was essential in her line of work.
To ensure the client did not receive a criminal conviction, our solicitor liaised with the Commonwealth Director of Public Prosecutions (CDPP) and reached a mutual agreement. They would recommend a non-conviction disposition in exchange for the client providing information about her suppliers. Ultimately, the information the client was able to supply was of little value to the CDPP. However, because she had been willing to assist, they recommended a non-conviction during submissions to the Magistrate during the plea hearing.
The Outcome:
Following lengthy submissions by our solicitor, the Magistrate imposed a good behaviour bond. The sentence was made without a conviction. The client was very relieved.
