NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd [2000] NSWIRComm 142 APPELLANT WorkCover Authority of New South Wales (Inspector William Hopkins)
PARTIES : RESPONDENT Profab Industries Pty Ltd
INTERVENOR Attorney General and Minister for Industrial Relations FILE NUMBER: IRC 3741 of 1999 CORAM: Wright J President; Walton J Vice-President; Hungerford J Occupational Health and Safety - Appeal from decision where defendant dealt with pursuant to s 556A of the Crimes Act 1900 - Principles applicable to prosecution appeal - Limited role for s 556A in occupational health and safety prosecutions - Objective circumstances of offence - Strict liability - Double jeopardy - Subjective circumstances of defendant - Appeal upheld - Fine imposed - Costs.
CATCHWORDS : Appeal - Occupational Health and Safety - Appeal from decision where defendant dealt with pursuant to s 556A of the Crimes Act 1900 - Principles applicable to prosecution appeal - Limited role for s 556A in occupational health and safety prosecutions - Objective circumstances of offence - Strict liability - Double jeopardy - Subjective circumstances of defendant - Appeal upheld - Fine imposed - Costs.
Crimes Act 1900 s 556A Crimes Act 1914 (Cth) s 19B Crimes (Sentencing Procedue) Act 1999 s 10 LEGISLATION CITED : Criminal Appeal Act 1912 s 2 s 5D Industrial Relations Act 1996 s 167(1) s 196 Occupational Health and Safety Act 1983 s 15 s 47
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