Wednesday, 14 April 2021

Commonwealth Director of Public Prosecutions v Wallenius Wilhelmsen Ocean AS [2021] FCA 52

 Justice Wigney's decision has just come down - Wallenius Wilhelmsen Ocean AS convicted of cartel conduct and ordered to pay a fine of $24 million, after receiving a 20% discount for an early guilty plea.

The fines seems a bit on the low side to me particularly given the following observation by Wigney J:

296 Despite the somewhat puzzling absence of any direct or clear evidence of contrition or remorse, WWO should be sentenced on the basis that its prospects of rehabilitation are reasonable and that the prospect of it re-offending is low.

I can't see how Wigney J could conclude that the prospects of rehabilitation were reasonable in the absence of any evidence to that effect.

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