NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Brett Martin v Encore Tissue Pty Limited [2005] NSWIRComm 271
PROSECUTOR: Inspector Brett Martin
PARTIES: DEFENDANT: Encore Tissue Pty Limited ABN 082 932 527
FILE NUMBER(S): IRC 6529 of 2004
CORAM: Schmidt J
Occupational Health and Safety - prosecution under section 8(1) of the Occupational Health and Safety Act 2000 - paper recycling plant - guilty plea - serious injury - inadequate supervision and guarding of the machine - prior conviction - aggravating and mitigating factors considered - financial position considered - defendant not trading - defendant found guilty of offence - penalty imposed with a moiety to prosecutor - costs as agreed or assessed CATCHWORDS:
Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000
Inspector Seneviratne v Caltex Petroleum Distributors Pty Ltd [2005] NSWIRComm 192 Inspector Vosu v Ace-Semi Trailer Sales Pty Ltd [2005] NSWIRComm 222 Inspector Yeung v Howie Herring & Forsyth Pty Limited & Anor [2005] NSWIRComm 266 Manpac Industries Pty Ltd (formerly t/as Pacific Concrete & Quarries Pty Ltd) v WorkCover Authority of New South Wales (Inspector Glass) (2001) 106 IR 435 CASES CITED: Markarian v R (2005) 215 ALR 213 State Rail Authority of New South Wales v WorkCover Authority of New South Wales (Inspector Dubois) (2000) 102 IR 218 R v Thomson, R v Houlton (2000) 49 NSWLR 383
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