Inspector Jones v Challita and Anor [2006] NSWIRComm 207

Industrial Court of New South Wales

CITATION: Inspector Jones v Challita and Anor [2006] NSWIRComm 207

Appellant: Inspector Alan Jones

PARTIES: First respondent: Buddy Charbel Challita

Second respondent: Mr Pump Pty Ltd

FILE NUMBER(S): IRC 5877 and 5878 of 2005

CORAM: Wright J President; Walton J Vice-President; Backman J

Appeal - occupational health and safety - Occupational Health and Safety Act 2000 - s 196 of the Industrial Relations Act 1996 and s 5D of the Criminal Appeal Act 1912 - appeal against inadequacy of sentence of individual respondent- proper approach to be taken where inadequacy in the absence of specific material error identified - failure to give sufficient weight to specific deterrence - principles of specific deterrence in context of occupational health and safety prosecutions considered - whether too much weight given to subjective factors - appeal dismissed - costs. CATCHWORDS: Occupational health and safety - appeal - Occupational Health and Safety Act 2000 - s 196 of the Industrial Relations Act 1996 and s 5D of the Criminal Appeal Act 1912 - appeal against inadequacy of sentence of corporate respondent - whether failure to give appropriate weight to objective criteria - whether too much emphasis placed on prior systems - whether failure to give sufficient weight to specific deterrence - insufficient weight attributed to the financial capacity to pay a fine - whether sentence manifestly inadequate by reason of demonstrated material errors - appeal upheld - corporate respondent resentenced - costs.

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Industrial Relations Act 1996 Occupational Health and Safety Act 2000