WorkCover Authority of New South Wales (Inspector Green) v Giannikouris [2005] NSWIRComm 229

WorkCover Authority of New South Wales (Inspector Green) v Giannikouris [2005] NSWIRComm 229

Although the defendant occupied an overall managerial role and took an active interest in day to day operations, he did not have particular responsibility for day to day management and had employed competent persons in those roles. His culpability was therefore at the low end of the scale, and, with contrition, cooperation and the impact of corporate fines on his shareholding, a fine of $3,500 was appropriate.

Jurisdiction
Australia
Judgment Date
20 July 2005
Procedural Posture
Prosecution Pursuant to S 50(1) of the Occupational Health and Safety Act 1983 / Judgment on Penalty Following Plea of Guilty
Outcome
Defendant found guilty, convicted, and fined $3,500 with a moiety to the Prosecutor; defendant to pay the Prosecutor's costs as assessed by the Court in default of agreement.
Legal Topics
['occupational Health and Safety Act Prosecution' 'plea of Guilty' 'individual Defendant Liability Under S 50' 'penalty Assessment' 'mitigating Factors']
['occupational Health and Safety' 'industrial Relations' 'criminal Prosecution'] ['occupational Health and Safety Act Prosecution' 'plea of Guilty' 'individual Defendant Liability Under S 50' 'penalty Assessment' 'mitigating Factors']

Case Brief

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Procedural Posture

Prosecution Pursuant to S 50(1) of the Occupational Health and Safety Act 1983 / Judgment on Penalty Following Plea of Guilty

Legal Issues

  1. 1 ['The nature and extent of the role of the individual defendant where corporate defendants were charged with offences arising from the same incident.' "The appropriate assessment of the defendant's culpability under s 50(1) of the Occupational Health and Safety Act 1983." 'The appropriate penalty after allowance for subjective mitigating factors and the impact of fines imposed on corporate defendants in which the defendant was a substantial shareholder.']

Ratio Decidendi

Although the defendant occupied an overall managerial role and took an active interest in day to day operations, he did not have particular responsibility for day to day management and had employed competent persons in those roles. His culpability was therefore at the low end of the scale, and, with contrition, cooperation and the impact of corporate fines on his shareholding, a fine of $3,500 was appropriate.

Court Disposition

Defendant found guilty, convicted, and fined $3,500 with a moiety to the Prosecutor; defendant to pay the Prosecutor's costs as assessed by the Court in default of agreement.

Orders

  • ['The defendant, Paul Giannikouris, is found guilty of the offence charged in the order and convicted accordingly.' 'I impose a monetary fine of $3,500 with a moiety to the Prosecutor.' "The defendant is to pay the Prosecutor's costs as assessed by the Court in default of agreement, being costs which were not...