NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales (Inspector Mansell) v Robert Josef [2004] NSWIRComm 323 APPELLANT: WorkCover Authority of NSW (Inspector Mansell) PARTIES : RESPONDENT: Robert Josef FILE NUMBER: IRC 7331 of 2003 CORAM: Wright J President; Walton J Vice-President; Staunton J CATCHWORDS : Appeal by Crown - sentence imposed erroneously determined and manifestly inadequate - relationship between ss15 and 16 of the OHSA as separate and distinct offences - application of the principle of totality in the re-determination of penalty - common elements as between the offences reflected in penalty determination - principle of restraint exercised in the determination of Crown appeal - appeal upheld - penalties re-determined - no order as to costs. Industrial Relations Act 1996 LEGISLATION CITED : Criminal Appeal Act 1912 Occupational Health and Safety Act 1983 WorkCover Authority of NSW v Concrete Constructions Group Ltd (1999) 98 IR 362 Crown in Right of the State of NSW (Department of Education and Training) v Keenan (2001) 105 IR 181 Pearce v The Queen (1998) 194 CLR 610 WorkCover Authority of New South Wales v State Rail Authority (unreported, Kavanagh J, IRC 97/7032-7036, 13 October 1999) WorkCover Authority of New South Wales (Inspector Donnelly) v Riverina Wool Combing Pty Ltd [2000] NSWIRComm 29 CASES CITED : WorkCover Authority of New South Wales (Inspector Mulder) v Yass Shire Council (2000) 99 IR 284 WorkCover Authority of New South Wales v Company B Ltd [2000] NSWIRComm 119 WorkCover Authority of New South Wales (Inspector Hannan) v Bitupave Ltd t/a Boral Asphalt (No 2) (2000) 101 IR 458 WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New [2004] NSWIRComm 247 Dinsdale v The Queen (2000) 202 CLR 321 WorkCover Authority of New South Wales (Inspector Buggy) v Weathertex Pty Limited (2003) 127 IR 60 HEARING DATES: 08/11/2004 EXTEMPORE JUDGMENT DATE : 11/05/2004
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