NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Simpson) v Delta Electricity [2007] NSWIRComm 226
PROSECUTION: WorkCover Authority of New South Wales (Inspector Simpson) PARTIES: DEFENDANT: Delta Electricity
FILE NUMBER(S): IRC 327 of 2007
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - plea of guilty - general principles - foreseeability - objective seriousness of the offence - general and specific deterrence - one prior conviction - subjective features taken into consideration - victim impact statement considered - penalty imposed - orders as to penalty, moiety and costs.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Inspector Malone v Delta Electricity [2003] NSWIRComm 212 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: Morrison v Powercoal Pty Limited [2003] 130 IR 364 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: 4 September 2007
DATE OF JUDGMENT: 12 September 2007
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