NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Anita Puntillo v Foti International Fireworks Pty Limited [2004] NSWIRComm 279 Prosecutor: PARTIES : Inspector Anita Puntillo Defendant: Foti International Fireworks Pty Limited FILE NUMBER: IRC7368 of 2003 CORAM: Kavanagh J CATCHWORDS : Occupational health and safety - s8(2) prosecution - plea of guilty - objective seriousness of the offence - obvious and foreseeable risks to safety - inherently dangerous industry - general and specific deterrence - plea of guilty entered at earliest available opportunity - remediation measures undertaken by the defendant - subjective features taken into consideration in the imposition of penalty - penalty imposed - moiety to prosecutor LEGISLATION CITED : Occupational Health and Safety Act 2000 WorkCover Authority v Howard and Sons Fireworks Spectaculars (No2) [2001] NSWIRComm 116 CASES CITED : WorkCover Authority of NSW (Inspector Sequeira) v Foti's International Fireworks (Displays) Pty Limited [2003] NSWIRComm471 WorkCover Authority of NSW (Insp Dubois) v Warman International Limited (1999) 87 IR 30 R v Thomson, R v Houlton (1999-2000) 49 NSWLR 383, (2000) 115 A Crim R 104 HEARING DATES: 07/14/2004 DATE OF JUDGMENT: 09/24/2004
Prosecutor: Ms A.F. Backman of counsel Solicitors: Mr G. Diggins WorkCover Authority of NSW
LEGAL REPRESENTATIVES: Defendant: Mr M.J. Perry of counsel Solicitors: Mr S.G. Wilson Mulally Mylott
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