NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Batty v Vehicle Inspection Systems Pty Ltd [2004] NSWIRComm 19 PROSECUTOR: Inspector Batty PARTIES : DEFENDANT: Vehicle Inspection Systems Pty Ltd (ACN 061 444 880) FILE NUMBER: IRC 4325 and 4330 of 2002 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecutions under section 18(1) of the Occupational Health and Safety Act 1983 - business supplier of a vehicle inspection system - fatality - first offence - specific and general deterrence - contrition - culpability - parity - defendant guilty of charge - penalty imposed - discount - moiety to the prosecutor - costs LEGISLATION CITED : Fines Act 1996 Occupational Health and Safety Act 1983 CASES CITED : Manpac Industries Pty Ltd (formerly t/a Pacific Concrete & Quarries Pty Ltd) v WorkCover Authority of New South Wales (2001) 106 IR 435 HEARING DATES: 02/03/2004 DATE OF JUDGMENT: 02/27/2004
PROSECUTOR: Ms PE McDonald of counsel SOLICITORS: Legal Services Branch WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT: Mr DR Pritchard of counsel SOLICITORS: Marsdens Law Group
JUDGMENT: - 16 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: Schmidt J
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