Quang Tuan Tran: Former Bread Krumbs bakery owner in court over breach

A former East Lismore bakery owner, whose Food Act breaches included storing items containing fresh cream at up to 20C, has tried to have the penalties overturned.

A former East Lismore bakery owner has failed in his bid to have a conviction for breaching the Food Act overturned.

Cabramatta man Quang Tuan Tran appeared before Lismore Local Court on Monday for an annulment application regarding a 2021 sentence and conviction.

The court heard a conviction against Tran was made in Lismore Local Court on October 18 before he was sentenced on November 8.

Tran was not in court for either of the mentions.

The charges were in relation to a breach of the Food Act 2003 at his East Lismore business Bread Krumbs in December 2020.

Breaches included handling food intended for sale in a manner likely to render food unsuitable, two counts of failing to comply with a requirement imposed by Food Standards Code, and one of failing to comply with a requirement imposed by Food Standards Code in relation to a temperature measuring device.

They include having apple turnovers, containing fresh cream, stored 16.5C and 20C for more than four hours.

Solicitor Jacob Dhesi said due to a language barrier for his Vietnamese-speaking client and other extenuating “considerable stresses” including relocation, negotiations with his ex-wife and unemployment, Tran did not act appropriately to the several court attendance notices.

An employee of Tran’s translated the “gist” of the court attendance notices and Tran thought he simply had to fix the problem identified by Lismore City Council food safety officers, Magistrate Michael Dakin said.

The court heard Tran would enter guilty pleas despite his application to have the conviction overturned, on the hope of receiving a non-conviction.

“It’s acknowledged the defendant received these… and was aware of them but could not comprehend the gravity and need for court appearance given his lack of English,” Mr Dhesi said.

He said Tran did not seek legal advice until he received the enforcement documents.

Mr Dhesi also argued while the business was still operating, Tran was no longer attached to the business in any way and operation was “out of his control”.

Mr Dakin said while the store was registered in Tran’s name, his ex-wife had taken over operations since 2017.

However, Tran had been looking over day to day runnings and acknowledged at least two attendances to the business by food safety officers prior to charges.

Bread Krumbs was closed on May 31 and Tran left Lismore and the business to his ex-wife.

Lismore City Council prosecutor Jonathan Marquet noted measures were taken for the “maximum opportunity” for Tran to be involved in legal proceedings and that letters and emails were sent to his Cabramatta address, the business and his email.

Mr Dakin said he was not satisfied Tran’s explanation was enough to warrant not communicating with the prosecution or the court and refused the application.

“If these orders had been made on this first or even second occasion, I would be more sympathetic as to the language barrier,” he said.

Tran was also ordered to pay $1760 in court costs to the council.