NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales (Inspector Templeton) v Lewington's (Livestock) Pty Ltd [2004] NSWIRComm 350 PROSECUTOR WorkCover Authority of New South Wales (Inspector Templeton) PARTIES : DEFENDANT Lewington's (Livestock) Pty Ltd FILE NUMBER: 5461 of 2003 CORAM: Marks J CATCHWORDS : Occupational Health and Safety prosecution - guilty plea - objective seriousness of offence determined - uncertainty of circumstances surrounding fatality - lack of evidence - serious offence - mitigating factors - penalty discounted. Crimes (Criminal Procedure) Act LEGISLATION CITED : Crimes (Criminal Procudure) Regulation Occupational Health and Safety Act 2000 s8(1) CASES CITED : Inspector Sharpin v A Team Concrete (Aust) Pty Ltd [2004] NSWIRComm 182 HEARING DATES: 11/15/2004 DATE OF JUDGMENT: 11/23/2004
PROSECUTOR Mr Warren of counsel Solictor: Ms H Cameron WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT Mr Newall of counsel Solictor: Mr M Hunt Hicksons
JUDGMENT: - 8 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Tuesday 23 November 2004
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