Inspector Ian Lancaster v Burnshaw Constructions Pty Ltd [2002] NSWIRComm 319

Inspector Ian Lancaster v Burnshaw Constructions Pty Ltd [2002] NSWIRComm 319

The trial judge erred in principle by giving little weight to general deterrence because of remedial steps, resulting in a manifestly inadequate penalty. The appropriate penalty is assessed anew, setting aside the original sentence.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Appeal Against Sentence / Full Bench Appeal Decision
Outcome
Appeal upheld. Penalty at first instance set aside.
Legal Topics
['sentencing' 'general Deterrence' 'occupational Health and Safety' 'manifest Inadequacy of Penalty']
['industrial Law' 'work Health and Safety' 'criminal Law'] ['sentencing' 'general Deterrence' 'occupational Health and Safety' 'manifest Inadequacy of Penalty']

Case Brief

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Procedural Posture

Appeal Against Sentence / Full Bench Appeal Decision

Legal Issues

  1. 1 ['whether the trial judge erred in application of principles of general deterrence' 'whether the trial judge erred in findings on reasonable foreseeability' 'whether the sentence imposed was manifestly inadequate']

Ratio Decidendi

The trial judge erred in principle by giving little weight to general deterrence because of remedial steps, resulting in a manifestly inadequate penalty. The appropriate penalty is assessed anew, setting aside the original sentence.

Court Disposition

Appeal upheld. Penalty at first instance set aside.

Orders

  • ['The appeal is upheld.' 'The penalty imposed at first instance is set aside.' 'The respondent is fined $26,000, with a moiety to be paid to the appellant.' 'The question of costs is reserved.']