CDPP v Aussie Skips Bin Services Pty Ltd (FCA)

Federal Court of Australia
Justices Wigney

CDPP v Aussie Skips Bin Services Pty Ltd; Aussie Skips Recycling Pty Ltd; Roussakis [2024] FCA 122 (23 February 2024)

Issue: criminal cartels, sentencing

Catchwords
CRIMINAL LAW – sentencing – cartel conduct – making an arrangement containing a cartel provision – giving effect to a cartel provision – where corporate offender provided collections services and processing services for building and demolition waste in the Sydney metropolitan region – where the offender and its chief executive officer pleaded guilty – consideration of objective seriousness of the cartel offences – consideration of appropriate discounts for mitigating factors including plea of guilty and cooperation with law enforcement agencies – consideration of specific and general deterrence in sentencing cartel conduct – consideration of totality principle and parity with sentence imposed on co-offenders – consideration whether disqualification order should be made under s 86E of the Competition and Consumer Act 2010 (Cth) – appropriate sentence

In brief

Sentencing judgment following Aussie Skips Bin Services, Aussie Skips Recycling and Roussakis pleading guilty to cartel offences.

A conviction was entered against Roussakis for ‘or the offence of aiding, abetting, counselling or procuring Aussie Skips Bin Services Pty Ltd and Aussie Skips Recycling Pty Ltd to each contravene a cartel offence provision,’ and a sentence of 18 months imprisonment (to be served by way of intensive correction in the community), a a fine of $75,000 and disqualification from managing corporations for five years.

A conviction was entered against Aussie Skips Bin Services and fines totalling $3,500,000 imposed.