| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
amount of penalty |
mitigating circumstances |
|
Summary:
This case deals with a reduction of a penalty by an Umpire who did so in light of the need for its "repayment" and the co-operative conduct of the claimant. The Court has repeatedly held that mitigating circumstances are those present before or at the time the penalty is imposed. Repayment is something that occurs after the imposition of the penalty. Admission of guilty conduct upon being confronted with offence by the Commission is not a mitigating factor.
