NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Christopher Chadwick v Rail Infrastructure Corporation (formerly known as Rail Services Australia) [2003] NSWIRComm 391 Prosecutor: PARTIES : Inspector Christopher Chadwick Defendant: Rail Infrastructure Corporation (formerly known as Rail Services Australia) FILE NUMBER: 2527 of 2002 CORAM: Staunton J CATCHWORDS : Occupational health and safety - plea of guilty - considerations of parity in sentencing - issue of relative culpability - prior convictions - objective seriousness of the offence - extent of remediation post the accident - general and specific deterrence - penalty imposed Occupational Health and Safety Act 1983 LEGISLATION CITED : Transport Administration Act 1988 Occupational Health & Safety (Hazardous Substances) Regulation 1996 Postiglione v R (1997) 189 CLR 295 CASES CITED : WorkCover Authority of New South Wales (Inspector Ch'ng) v Lawrenson Diecasting Pty Limited (1999) 90 IR 464 WorkCover Authority of New South Wales v Capral Aluminium (2000) 1999 IR 29
HEARING DATES: 10/17/2003 EXTEMPORE JUDGMENT DATE : 10/17/2003
Prosecution: Mr M Cahill of counsel Solicitors: Moray & Agnew, Solicitors
LEGAL REPRESENTATIVES: Defendant: Mr B Hodgkinson SC Mr M Shume of counsel Solicitors: Sparke Helmore
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