NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales (Inspector Kenneth George Martin) v William Marshall trading as King Camphor [2004] NSWIRComm 392 PROSECUTOR: WorkCover Authority of New South Wales PARTIES : DEFENDANT: William Marshall trading as King Camphor FILE NUMBER: 6521 of 2003 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecution under s9 - Occupational Health and Safety Act 2000 - construction industry - falling log - fatal injuries resulting - plea - offence proved - penalty imposed - application of s6 Fines Act - principles of parity considered LEGISLATION CITED : Fines Act 1996 Occupational Health and Safety Act 2000 Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Manpac Industries Ltd v WorkCover Authority of New South Wales (Inspector Glass) (2001) 106 IR 435 McColl v John Watson Building services Pty Ltd and Dowdon Contracting Pty ltd [2004] NSWIRComm 353 CASES CITED : Postiglione v R (1997) 189 CLR 295 R v Thomson, R v Houlton (2000) 49 NSWLR 383 Rodney Morrison v Powercoal Pty Limited [2003] NSWIRComm 416 WorkCover Authority of New South Wales (Inspector Kenneth George Martin) v Christian MacDonald [2004] NSWIRComm 394 HEARING DATES: 12/01/2004 DATE OF JUDGMENT: 12/16/2004
PROSECUTOR: Ms L McManus of counsel LEGAL REPRESENTATIVES: DEFENDANT: Self-Represented
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