Inspector Jelley v Albright & Wilson (Australia) Limited [2007] NSWIRComm 148

Inspector Jelley v Albright & Wilson (Australia) Limited [2007] NSWIRComm 148

Although material error was demonstrated in the Magistrate's reasoning, including failure to take into account remedial measures and specific deterrence, the penalties imposed were not so manifestly inadequate as to warrant appellate intervention, and the principle of double jeopardy applied.

Source-derived case information.

Parties
Appellant: Inspector Cris Jelley; Respondent: Albright & Wilson (Australia) Limited
Jurisdiction
Australia
Judgment Date
24 July 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Deterrence, Totality, Costs, Workplace Safety
Occupational Health and Safety Industrial Law Sentencing Deterrence Totality Costs Workplace Safety

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Parties

Inspector Cris Jelley

Appellant

Albright & Wilson (Australia) Limited

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing Magistrate erred by failing to take into account the availability of remedial measures and specific deterrence.
  2. 2 Whether the sentences were manifestly inadequate in the absence of identifiable material error.
  3. 3 Whether there was an interrelationship between penalties imposed and costs orders that might permit a reduction in the quantum of costs orders.

Ratio Decidendi

Although material error was demonstrated in the Magistrate's reasoning, including failure to take into account remedial measures and specific deterrence, the penalties imposed were not so manifestly inadequate as to warrant appellate intervention, and the principle of double jeopardy applied.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Unless within 14 days a party makes an application otherwise, the appellant shall pay the respondent's costs of the appeal.