NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : James Manassa v WorkCover Authority [2003] NSWIRComm 348 APPELLANT James Anthony Manassa PARTIES : RESPONDENT WorkCover Authority of New South Wales FILE NUMBER: IRC 1863 of 2003 CORAM: Wright J President; Boland J; Haylen J Appeal - Occupational Health and Safety - Application for leave to appeal and appeal against two decisions of Chief Industrial Magistrate in respect of refusal of CIM to grant an annulment under s100D of the Justices Act 1902 and in respect of conviction and penalty - Whether appeal available against annulment - Appeal against conviction not pursued - Pleas of guilty entered - Leave to appeal granted in relation to severity of sentence - Evidence of mitigating circumstances - Appeal upheld - Fines imposed by CIM quashed - New penalties imposed - Cost orders made CATCHWORDS : Occupational Health and Safety - Application for leave to appeal and appeal against two decisions of Chief Industrial Magistrate in respect of refusal of CIM to grant an annulment under s100D of the Justices Act 1902 and in respect of conviction and penalty - Whether appeal available against annulment - Appeal against conviction not pursued - Pleas of guilty entered - Leave to appeal granted in relation to severity of sentence - Evidence of mitigating circumstances - Appeal upheld - Fines imposed by CIM quashed - New penalties imposed - Cost orders made Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 LEGISLATION CITED : Industrial Relations Act 1996 Justices Act 1902 Occupational Health and Safety Act 1983 Dinsdale v The Queen (2000) 202 CLR 321 Inspector Buggy v Weathertex Pty Ltd [2003] NSWIRComm 273 CASES CITED : James Anthony Manassa v WorkCover Authority of New South Wales [2002] NSWIRComm 219 WorkCover Authority (Inspector Carmody) v Consolidated Constructions Pty Ltd (2001) 109 IR 316 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonalds Australia Ltd and anor (1999) 95 IR 383 HEARING DATES: 09/18/2003; 08/29/2003 DATE OF JUDGMENT: 10/22/2003
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