A fine of 20% of the statutory maximum is not manifestly excessive for a deliberate breach of occupational safety and health legislation where protective clothing was known to be required but not supplied for convenience, particularly in the context of a prior conviction under the same provision. The weight to be given to a plea of guilty is diminished where the breach is very clear and the plea is largely recognition of the inevitability of conviction. A prior conviction for a safety offence is not aggravating but deprives the offender of the benefit of a clean record and puts the present failure into context.
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