NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: WorkCover Authority of New South Wales (Inspector Bishwa) v Graetz Investments Pty Limited and Coastal Transport (NSW) Pty Limited [2005] NSWIRComm 410
PROSECUTION: WorkCover Authority of New South Wales (Inpector Bishwa)
PARTIES: DEFENDANTS: Graetz Investments Pty Limited Coastal Transport (NSW) Pty Limited
FILE NUMBER(S): IRC 3894 & 3895 of 2004
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - pleas of guilty - general principles - objective seriousness of the offences - foreseeability - general and specific deterrence - consideration of principle of totality given intimate and linked corporate structure between the defendants - corporate entities pivot around sole person as real defendant - principle of parity considered as between the defendants - held approach is to ensure total criminality with respect to both offences is met - no prior convictions for either defendant - subjective features taken into consideration - financial circumstances of the defendants considered - penalties imposed - orders as to penalty, moiety and costs.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Crown in the Right of the State of New South Wales (Department of Education and Training) v Keenan (2001) 105 IR 181 Ferguson v Nelmac Pty Limited (1999) 92 IR 188 Haynes v C I & D Manufacturing Pty Limited (1994) 60 IR 149 Haynes v C I & D Manufacturing Pty Limited and anor (No 2) (1995) 60 IR 455 CASES CITED: Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Pearce v The Queen (1998) 194 CLR 610 R v Way [2004] NSWCCA 131 WorkCover Authority of New South Wales v McDonalds and anor (1999) 95 IR 383 WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New [2004] NSWIRComm 247
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