Sacco Builders Pty Ltd v Inspector Chaston [2009] NSWIRComm 153

Industrial Court of New South Wales

CITATION: Sacco Builders Pty Ltd v Inspector Chaston [2009] NSWIRComm 153

Sacco Builders Pty Ltd (First Appellant) PARTIES: Kaydee Engineering Pty Ltd (Second Appellant) Inspector Melissa Chaston (Respondent)

FILE NUMBER(S): IRC 1468 and 1497 of 2008

CORAM: Boland J President at [1]; Marks J at [68]; Staff J at [1]

OCCUPATIONAL HEALTH AND SAFETY – breach of s 8(2) of the Occupational Health & Safety Act 2000 (NSW) – appeals against sentence – whether manifestly excessive – objective seriousness of the offence – whether her Honour erred in applying the principle of parity – whether insufficient weight given to circumstances of mitigation – application for fresh evidence refused – held – penalties fell within acceptable range albeit at the lower end – principles applicable to sentencing – mitigation – difficulty of comparing penalties in cases – significant objective factors in respect of maximum penalty – sentencing to be undertaken against maximum penalty – no error in approach to parity – appeals dismissed CATCHWORDS: APPEAL - occupational health and safety - breach of s 8(2) of the Occupational Health & Safety Act 2000 (NSW) – appeals against sentence – whether manifestly excessive – objective seriousness of the offence – whether her Honour erred in applying the principle of parity – whether insufficient weight given to circumstances of mitigation – application for fresh evidence refused – held – penalties fell within acceptable range albeit at the lower end – principles applicable to sentencing – mitigation – difficulty of comparing penalties in cases – significant objective factors in respect of maximum penalty – sentencing to be undertaken against maximum penalty – no error in approach to parity – appeals dismissed