NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Ankucic) v State Rail Authority of New South Wales [2007] NSWIRComm 185
PROSECUTION: WorkCover Authority of New South Wales (Inspector Ankucic) PARTIES: DEFENDANT: State Rail Authority of New South Wales
FILE NUMBER(S): IRC 3620 of 2006
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - plea of guilty - general principles - foreseeability - objective seriousness of the offence - general and specific deterrence - prior convictions - concept of hindsight bias considered - penalty imposed - orders as to penalty, moiety and costs.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Procedure Act 1986 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 99 IR 29 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v The Queen [2005] HCA 25: 18 May 2005 CASES CITED: R v Gallagher (1991) 23 NSWLR 220 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 Thorneloe v Filipowski (2001) 52 NSWLR 60
HEARING DATES: 9 July 2007
DATE OF JUDGMENT: 3 August 2007
PROSECUTION: Mr J Agius SC SOLICITORS: Criminal Law Practice Legal Group LEGAL REPRESENTATIVES: DEFENDANT: Mr P Garling SC SOLICITORS: Mallesons Stephen Jaques
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