Fidoto Pty Limited v Inspector Patton [2010] NSWIRComm 171

Industrial Court of New South Wales

CITATION: Fidoto Pty Limited v Inspector Patton [2010] NSWIRComm 171

PARTIES: Fidoto Pty Limited (Appellant) Inspector John Patton (Respondent)

FILE NUMBER(S): IRC 276 of 2010

CORAM: Boland J President; Walton J Vice-President; Haylen J

CATCHWORDS: APPEAL - Occupational Health and Safety Act 2000 - s 8(1) - fall injury - two separate corporations culpably involved in workplace injury - appellant pleads guilty to s 8(1) breach - other corporation pleads guilty to s 8(1) and s 8(2) breaches - both faced maximum penalty of $825,000 - both entered early pleas and had subjective factors considered - significant commonality of circumstances, particulars and Agreed Statement of Facts - sentencing Judge finds both defendants equally culpable - finds each charge warrants penalty of $90,000 - principle of totality applied to other corporation - total criminality met by fine of $90,000 equally divided between the two offences - no appeal against application of totality principle - no factual finding of sentencing Judge challenged on appeal - consistency and equal justice does not require appellant's sentence to be adjusted to $45,000 - difference in penalties justified by application of sentencing principles - no justifiable sense of injustice available - appeal dismissed

Criminal Appeal Act 1912 s 5AA LEGISLATION CITED: Industrial Relations Act 1996 s 196 Occupational Health and Safety Act 2000 s 8

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Carroll v The Queen [2009] HCA 13 CASES CITED: Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 R v Salcedo [2004] NSW CCA 430 Warman International v WorkCover Authority of New South Wales (1998) 80 IR 326