NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : WorkCover Authority of NSW (Inspector McColl) v Dowdon Contracting Pty Limited and ors [2003] NSWIRComm 477 revised - 19/12/2003 PROSECUTOR: Inspector William McColl PARTIES : DEFENDANTS: Dowdon Contracting Pty Limited; John Watson Building Services Pty Limited; John Michael Watson. FILE NUMBER: 4321; 4322; 4320 of 2002 CORAM: Staunton J CATCHWORDS : Occupational health and safety - plea of guilty - objective seriousness of the offences - obvious and foreseeable risks to safety - remediation obvious - relative culpability of defendants - prior conviction of one of the defendants - general and specific deterrence - financial circumstances of the respective defendants - remediation measures undertaken - subjective features taken into account - provisions of s10 of Crimes (Sentencng Procedure) Act apply to personal defendant - conditional bond imposed - penalties imposed on corporate defendants. Occupational Health and Safety Act 1983 LEGISLATION CITED : Fines Act 1996 Crimes (Sentencing Procedure) Act 1999
CASES CITED : WorkCover Authority of New South Wales (Inspector Ch'ng) v Lawrenson Diecasting Pty Limited (1999) 90 IR 464 WorkCover Authority of NSW v Capral Aluminium (2000) 1999 IR 29 HEARING DATES: 12/19/2003 EXTEMPORE JUDGMENT DATE : 12/19/2003
PROSECUTOR: Mr P Strickland of counsel SOLICITORS: Ms N Rouillon Moray and Agnew Solicitors
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