Inspector Fraser v Karabelas (No 2) [2011] NSWIRComm 153

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Fraser v Karabelas (No 2) [2011] NSWIRComm 153 Hearing dates: 16 March 2011 Decision date: 16 November 2011 Before: Boland J President, Walton J Vice-President, Haylen J Decision: (a) in relation to Matter No IRC 1090 of 2008: (i) the defendant, Peter Karabelas, is convicted of the offence as particularised; (ii) the defendant is fined the sum of $7000 with half that amount to be paid to the prosecutor by way of moiety; (iii) the defendant is to pay the costs of the prosecutor in a sum as agreed or, in the absence of agreement, as ordered by the Court. (b) In relation to Matter No IRC 1091 of 2008: (i) the defendant, Peter Karabelas, is convicted of the offence as particularised; (ii) the defendant is fined the sum of $8500 with half that sum to be paid to the prosecutor by way of moiety; (iii) the defendant is to pay the costs of the prosecutor in a sum as agreed or, in the absence of agreement, as ordered by the Court. (c) in relation to Matter No IRC 1092 of 2008: (i) the defendant, Peter Karabelas, is convicted of the offence as particularised; (ii) the defendant is fined the sum of $11,500 with half that sum to be paid to the prosecutor by way of moiety; (iii) the defendant is to pay the costs of the prosecutor in a sum as agreed or, in the absence of agreement, as ordered by the Court. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(1) s 26(1) - appeal upheld regarding inadequacy of penalties imposed - respondent subsequently provides affidavit regarding capacity to pay increased fines - evidence of financial circumstances deficient - increased penalties imposed - sentencing proceeds on basis that respondent in some financial difficulty yet has some capacity to pay fines.