NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Kenneth Kumar v Soars and Anor [2006] NSWIRComm 193
Matter Number IRC 4854 of 2005 ______________________________
INSPECTOR KENNETH KUMAR Prosecutor
PATRICK NOEL SOARS Defendant
PARTIES: Matter Number IRC 4855 of 2005 ______________________________
INSPECTOR KENNETH KUMAR Prosecutor
AUSTRALIAN NATIVE LANDSCAPES PTY LIMITED (ABN 42 001 749 980) Defendant
FILE NUMBER(S): IRC 4854 and 4855 of 2005
CORAM: Schmidt J
CATCHWORDS: Occupational Health and Safety - prosecutions under section 8(1) and section 26(1) of the Occupational Health and Safety Act 2000 - landscape contractors' business and suppliers of horticultural products - serious injury - pleas entered - aggravating factors - application under section 10 of the Crimes (Sentencing Procedure) Act 1999 - consideration of discharge - discharge not granted - penalties imposed - costs
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Inspector Brett Martin v Encore Tissue Pty Limited [2005] NSWIRComm 271 CASES CITED: Inspector David Waterhouse v Innovative Property Developments Pty Ltd and Others [2006] NSWIRComm 97 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 100 IR 64
HEARING DATES: 05/06/06
DATE OF JUDGMENT: 06/14/2006
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