NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Glass v Flexible Packaging (Australia) Pty Limited [2005] NSWIRComm 93
APPELLANT Inspector Frank Glass PARTIES: RESPONDENT Flexible Packaging (Australia) Pty Limited
FILE NUMBER(S): IRC 4890 of 2004
CORAM: Wright J President; Walton J Vice-President; Backman J
CATCHWORDS: Prosecution appeal from decision of Industrial Magistrate - leave to appeal - guilty plea - sentence manifestly inadequate - based on identifiable errors - did not reflect objective seriousness of offence - failed to take into account general and specific deterrence - based on wrong scale of penalties - insufficient weight given to consideration that risk was reasonably forseeable - assessment of subjective factors - cautionary approach required - double jeopardy - leave to appeal granted - appeal upheld - respondent resentenced.
Industrial Relations Act 1996 s 197 LEGISLATION CITED: Occupational Health and Safety Act 2000 s8(1)
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 House v The King (1936) 55 CLR 499 Inspector Gregory Maddaford v Graham Gerard Coleman & Anor [2004] NSWIRComm 317 Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 CASES CITED: R v Doan (2000) 50 NSWLR 115 WorkCover Authority of New South Wales (Inspector Buggy) v Weathertex Pty Ltd (2003) 127 IR 60
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