NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Barber v Storite Pty Limited (No 2) [2003] NSWIRComm 277 PROSECUTOR: Inspector Mark Anthony Barber PARTIES : DEFENDANT: Storite Pty Limited (ACN 069 853 916] FILE NUMBER: IRC 1501 of 2002 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety Act - prosecution under section 15(1) of the Occupational Health and Safety Act 1983 - sentence hearing - determination of appropriate penalty - no appearance by defendant - no plea entered - defendant guilty of charge - family business no longer trading - general deterrence - penalty imposed with a moiety to prosecutor - defendant to bear prosecutor's costs as agreed or assessed Crime Sentencing Procedure Act 1999 LEGISLATION CITED : Fines Act 1996 Occupational Health and Safety Act 1983 Haynes v CI & D Manufacturing Pty Limited (No 2) 60 IR 455 CASES CITED : WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 100 IR 64 WorkCover Authority (Inspector Farrell) v Schrader (2002) 112 IR 284 HEARING DATES: 08/21/2003 DATE OF JUDGMENT: 08/29/2003
PROSECUTOR: Mr J O'Connell WorkCover Authority Legal Group LEGAL REPRESENTATIVES: DEFENDANT: No appearance
JUDGMENT: - 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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