NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Singh) v Tony Laurence Atkins [2008] NSWIRComm 9
PROSECUTOR: WorkCover Authority of New South Wales (Inspector Singh) PARTIES: DEFENDANT: Tony Laurence Atkins
FILE NUMBER(S): IRC 2566 of 2006
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - plea of guilty - general principles - foreseeability - objective seriousness of the offence - general deterrence - held specific deterrence, while applicable, not of significant weight - no prior convictions - subjective features taken into consideration - defendant's financial position and health issues considered - liability of defendant for prosecutor's costs taken into account - held not persuaded discretion under s 10 of Crimes (Sentencing Procedure) Act applicable - penalty imposed - orders as to penalty, moiety and costs.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Fines Act 1996 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 99 IR 29 Environment Protection Authority v Barnes [2006] NSWCCA 246 Ferguson v Nelmac Pty Limited (1999) 92 IR 188 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 R v Gallagher (1991) 23 NSWLR 220 CASES CITED: R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 Thorneloe v Filipowski (2001) 52 NSWLR 60 WorkCover Authority of New South Wales v Ecolab Pty Ltd (1999) 90 IR 413 WorkCover Authority of New South Wales v Menzies Property Services Pty Limited [2004] 136 IR 449 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 100 IR 64 WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New (2004) 137 IR 33
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