NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: WorkCover Authority of New South Wales (Inspector Wilson) v Safdar Ghafoor and ATS All Time Security Pty Limited [2005] NSWIRComm 430
PROSECUTION: WorkCover Authority of New South Wales (Inspector Wilson) PARTIES: DEFENDANTS: Safdar Ghafoor ATS All Time Security Pty Limited
FILE NUMBER(S): 4906 & 4907 of 2003
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - pleas of guilty - need to refer to concurrent judgment re co-defendant - general principles - foreseeability - objective seriousness of the offences - general and specific deterrence - contractual relationship between the co-defendants - principle of parity considered - held culpability of co-defendants equal - 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 Ferguson v Nelmac Pty Limited (1999) 92 IR 188 Fisher v Samaras Industries Pty Limited (1996) 82 IR 384 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Lowe v The Queen (1984) 154 CLR 606 Markarian v The Queen [2005] HCA 25: 18 May 2005 Postiglione v The Queen (1997) 189 CLR 295 R v Gallagher (1991) 23 NSWLR 220 CASES CITED: R v Thomson, R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 State Rail Authority (New South Wales) v Dawson (1990) 37 IR 110 Thorneloe v Filipowski (2001) 52 NSWLR 60 WorkCover Authority of New South Wales v David Karl Schrader (2002) 112 IR 284 WorkCover Authority of New South Wales v Jian Chen and Obing Pty Limited trading as Old But New [2004] NSWIRComm 247 WorkCover Authority of New South Wales v South Sydney Junior Rugby Club [2004] NSWIRComm 215 WorkCover Authority of New South Wales (Inspector Farrell) v Ross Colin Morrison [2001] NSWIRComm 325
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