NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Drewsen v Vee 8 Supercars Australia Pty Limited [2006] NSWIRComm 331
PROSECUTOR: Inspector Larry Drewsen
PARTIES: DEFENDANT: Vee 8 Supercars Australia Pty Limited formerly known as Australian Vee Eight Supercar Company Pty Limited (ACN 077 053 484)
FILE NUMBER(S): IRC 797 and 800 of 2006
CORAM: Schmidt J
CATCHWORDS: Occupational Health and Safety - prosecutions under section 8(2) of the Occupational Health and Safety Act 2000 - early pleas of guilty - first offences - service and recharging of fire extinguishers - two separate explosions on the same day - general and specific deterrence - question of parity - victim impact statement received - penalty imposed - discount - principle of totality applied - costs
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Crown in Right of State of NSW (Dept of Education & Training) v Keenan [2001] NSWIRComm 106 CASES CITED: Inspector Brett Martin v Encore Tissue Pty Limited [2005] NSWIRComm 271 Inspector David Waterhouse v Innovative Property Developments Pty Ltd and Others [2006] NSWIRComm 97 R v Mansour (1999) 29 MVR 409
HEARING DATES: 19/09/06
DATE OF JUDGMENT: 10/27/2006
PROSECUTOR: Mr BG Docking of counsel SOLICITORS: Shaw McDonald Pty Ltd LEGAL REPRESENTATIVES: DEFENDANT: Mrs WG Thompson of counsel SOLICITORS: Allens Arthur Robinson
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