The Appellants, Alex Goerk and Carling Propane, appealed the sentence imposed by a trial judge following their convictions under the Transportation of Dangerous Goods Act, 1992.
The convictions related to deficiencies in hose testing and paperwork, resulting in a total fine of $17,500.
The Appellants argued that the trial judge's reasons were insufficient, erred in considering general deterrence (claiming it was a "test case"), and failed to account for collateral consequences.
The Superior Court of Justice dismissed the appeal, finding that the trial judge's reasons, though brief, were sufficient for appellate review and that general deterrence was a paramount consideration for public welfare offences.
The court found no error in the sentencing judge's approach.