NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Stuart Larkin v South Pacific Seeds Pty Ltd [2006] NSWIRComm 247
INSPECTOR STUART LARKIN Appellant PARTIES: SOUTH PACIFIC SEEDS PTY LIMITED (ACN 002 887 256] Respondent
FILE NUMBER(S): IRC 4825 of 2005
CORAM: Walton J Vice-President; Schmidt J; Staff J
CATCHWORDS: Appeal - application for leave to appeal and appeal from a decision of magistrate - prosecution - guilty plea - whether penalty imposed by Local Court was adequate - leave to appeal granted - penalty manifestly inadequate - appeal upheld - penalty imposed at first instance set aside - respondent re-sentenced - costs whether or not appellant has a right of appeal pursuant to the Crimes (Local Courts Appeal and Review) Act 2001 - whether appeal was subject to the grant of leave to appeal, as provided by s 188 of the Industrial Relations Act 1996 - unnecessary to determine construction questions
Crimes (Local and Appeal and Review Act) 2001 LEGISLATION CITED: Crimes (Sentencing and Procedure) Act 1999 Industrial Relations Act 1996 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Corinthian (Sydney) Pty Ltd v WorkCover Authority of NSW (Inspector Wilson) (2000) 99 IR 159 Downie v Menzies Property Services Pty Ltd [2004] NSWIRComm 259 Inspector Bestre v T & Y Pty Ltd [2005] NSWIRComm 392 Inspector Jones v Challita and Anor [2006] NSWIRComm 207 R v Doan (2000) 50 NSWLR 115 CASES CITED: Lawrenson Diecasting Pty Ltd v WorkCover Authority (NSW) (1999) 90 IR 464 Maddaford v CSR Ltd v Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Inspector Maddaford v Gerard Coleman and Anor [2004] NSWIRComm 259 Page v Walco Hoist Rentals Pty Ltd (No 2) [2000] NSWIRComm 39 R v Hallocoglu (1992) 29 NSWLR 67 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Ltd (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Buggy) v Weathertex Pty Ltd (2003) 127 IR 60
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