NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Johnston) v Minett Enterprises Pty Limited [2005] NSWIRComm 436
PROSECUTOR: WorkCover Authority of New South Wales (Inspector Johnston) PARTIES: DEFENDANT: Minett Enterprises Pty Limited
FILE NUMBER(S): 1359 of 2005
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - plea of guilty - general principles - objective seriousness of the offence - foreseeability - general and specific deterrence - no prior convictions - subjective features taken into consideration - financial circumstances of the defendant considered - penalty imposed - orders as to penalty, moiety and costs.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Fines Act 1996 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v The Queen [2005] HCA 25: 18 May 2005 R v Gallagher (1991) 23 NSWLR 220 CASES CITED: R v Thomson, R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 Thorneloe v Filipowski (2001) 52 NSWLR 60 WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New[2004] NSWIRComm 247
HEARING DATES: 11/21/2005
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