NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Coombs v Patrick Stevedores Holdings Pty Ltd [2005] NSWIRComm 56
PROSECUTOR: Robert Darcy Coombs PARTIES: DEFENDANT: Patrick Stevedores Holdings Pty Ltd
FILE NUMBER(S): IRC 5194, 6102, 6103, 6104, 6105 of 2000
CORAM: Haylen J
Occupational Health and Safety Act 1983 - s 15(1) and s 51A - prosecution of 5 charges concerned with driving straddle cranes at container terminal - allegation of repetitive strain injury - 3 charges established on evidence after full hearing - pleas of guilty entered to 2 charges during trial - whether pleas constituted a conviction and brought into operation the higher penalty regime of s 51A - whether the remaining charges were subsequent offences for the purposes of s 51A after Court pronounced sentence on first charge - each charge considered separately in establishing objective seriousness of each breach - significant differences in seriousness of each class of charge - principle of totality applied - issue of payment of moiety where prosecutor not a WorkCover inspector but an individual acting on behalf of a branch of a federally registered union - discretion to order payment up to half of amount of penalty - basis for exercising discretion - costs - alleged difficulty in Court having contested costs assessed in absence of detailed rules - penalty imposed.
CATCHWORDS: Statutes - Fines Act 1996 - s 122 - "moiety" of penalty at discretion of Court - factors relevant to exercise of discretion.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Fines Act 1996 s 122
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate