NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Chaston v Moussalli & Ors [2008] NSWIRComm 58
Matter Number 627 of 2006 --------------------------------------------------
PROSECUTOR: Inspector Melissa Chaston (WorkCover Authority of NSW)
DEFENDANT: Mohammed Moussalli
Matter Number 628 of 2006 --------------------------------------------------
PROSECUTOR: PARTIES: Inspector Melissa Chaston (WorkCover Authority of NSW)
DEFENDANT: Infinity Constructions Pty Limited (ACN 056 206 172)
Matter Number 629 of 2006 --------------------------------------------------
PROSECUTOR: Inspector Melissa Chaston (WorkCover Authority of NSW)
DEFENDANT: Alan Yazbek
FILE NUMBER(S): IRC 627, 628 and 629 of 2006
CORAM: Schmidt J
CATCHWORDS: Occupational Health and Safety - prosecutions under section 8(2) and 10(1) of the Occupational Health and Safety Act 2000 - prosecutions under section 8(2) of the Occupational Health and Safety Act 2000 by operation of section 26(1) of that Act - construction industry - collapse of masonry wall on construction site - sentences - serious first offences - specific deterrence - application under section 10 of the Crimes (Sentencing Procedure) Act - unable to exercise discretion - penalties imposed - moiety to prosecutor - costs as agreed or assessed
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