WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New [2004] NSWIRComm 247

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New [2004] NSWIRComm 247 APPELLANT: WorkCover Authority of New South Wales (Inspector Paul Mansell) PARTIES : RESPONDENTS: Mr Jian Chen Obing Pty Limited trading as Old But New FILE NUMBER: IRC6841 and 6842 of 2003 CORAM: Walton J Vice-President; Marks J; Staunton J CATCHWORDS : Appeal from decision of the Chief Industrial Magistrate imposing global penalty on corporate and personal defendant - appeal as to manifest inadequacy of penalty and extent of evidence going to defendants incapacity to pay - appeal conceded by respondent - matter proceeded as a redetermination of sentence - principle of restraint in determining Crown appeal on sentence - objective seriousness of the offences - specific deterrence relevant notwithstanding corporate respondent moved factory operations to China but continues to operate retail business in New South Wales - prior convictions of the respondents on similar charges - evidence now before the Court as to respondents capacity to pay fine - publication order sought under s115(1) of the Act refused - process that should be followed where order sought under s115 of the Act - pleas entered at the earliest opportunity - appeal upheld - penalties imposed - orders as to costs. Industrial Relations Act 1996 Crimes (Local Courts Appeal and Review) Act 2001 Occupational Health and Safety Act 1983 LEGISLATION CITED : Occupational Health and Safety Act 2000 Crimes (Sentencing Procedure) Act 1999 Fines Act 1996