Lactos Pty Ltd v Kent [2003] TASSC 82 (3 September 2003)

Plastic Fabrications Pty Ltd v The Crown [1999] TASSC 95, distinguished.

X_L Petroleum (NSW) Pty Ltd v Caltex Oil (Australia) Pty Ltd_ [1985] HCA 12; (1985) 155 CLR 448; Burton v R [2002] TASSC 64; Franklin v R 82/1991, considered.

7 The sole ground of appeal is that the penalty imposed was "manifestly excessive in all the circumstances of the case". Refined, the basis extended to the requirement of consistency in sentence and relied on material placed before the Court indicating the range of penalties imposed to show that the penalty in the present case was both excessive and inconsistent with comparable cases. Given the paucity of helpful material in cases involving industrial safety, publication of that material might prove useful to courts of summary jurisdiction and, accordingly, the material is included as Annexure A at the end of these reasons for decision. Yardley v Betts [1979] SASR 108.

"In determining whether imposing a fine of 25 per cent of the maximum penalty is excessive, it is appropriate to bear in mind that 'the maximum penalty prescribed for an offence is attended for cases falling within the worst category of cases for which that penalty is prescribed: Ibbs [1987] HCA 46; (1987) 163 CLR 447 at 451; [1987] HCA 46; 27 A Crim R 465 at 468.

15 Counsel for the appellant sought to show manifest error by reference to the range of penalties imposed by summary courts for breaches of the legislation. The list is a thorough and useful guide and the Court is obliged to Mr Williams, the public officer who compiled it and who attended the hearing of the appeal to present it. A component of counsel's argument depends on the principles associated with "justifiable grievance" (Lowe v R [1984] HCA 46; (1984) 154 CLR 606) and the need for consistency (Burton v R [2002] TASSC 64), although there are many problems associated with this methodology (Franklin v R 82/1991, and see generally Burton, pars39 - 41).

(1985) 155 CLR 448

(1987) 163 CLR 447

(1984) 154 CLR 606

Lactos Pty Ltd v Kent [2003] TASSC 82

At a glance

Court

Decision date

Before

Catchwords

Source

Catchwords

Judgment (51 paragraphs)

Parties

Legislation Cited (3)

Cases Cited (9)

Lactos Pty Ltd v Kent [2003] TASSC 82 (3 September 2003)