A finding of mid-range objective seriousness for a WHS Category 2 offence does not require a fine proportionally mid-way between zero and the maximum penalty; the maximum penalty of $1,500,000 may aptly be described as set at a 'high catch-all level'. The principle of consistency in sentencing applies to WHS prosecutions, and a fine of $225,000 (15% of maximum) for a mid-range Category 2 offence committed by a small family company with significant mitigating circumstances falls within the permissible range. Unwarranted and largely unexplained Crown delay of over 12 months in prosecuting a sentence appeal may warrant exercise of the residual discretion not to intervene.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.