NSW Caselaw
Industrial Court of New South Wales
CITATION: Barry Johnson v State of New South Wales (Department of Education and Training) [2006] NSWIRComm 275
Prosecutor: PARTIES: Barry Johnson Defendant: State of New South Wales (Department of Education and Training)
FILE NUMBER(S): IRC7028,7029 of 2003
CORAM: Kavanagh J
CATCHWORDS: Sentencing – two offences under s8(1) of OHS Act - foreseeability of offences - general and specific deterrence relevant - alternative measures available to avoid risk - contrition - serious offence – application of s21A Crimes (Sentencing Procedure) Act 1999 to offences under OHS Act - aggravating factors considered applicable in particular circumstance and where victims teachers - reliance of prior convictions of Crown as defendant - totality applicable - moiety - costs - penalty - orders
Crimes (Sentencing Procedure) Act 1999 ss21A, 22, 23, 34 LEGISLATION CITED: Crimes (Sentencing Procedure Amendment (Standard Minimum Sentencing) Act 2002 Fines Act 1996 Occupational Health and Safety Act 2000 s8(1)
Crown in Right of the State of New South Wales (Department of Education and Training) v Keenan 105 IR 181 Geoff Derrick v ANZ Group Ltd (No. 2) [2005] NSWIRComm 145 Kimberley John Hughes v Western Australian Cricket Association (Inc) and Ors (1986) ATPR 48 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Inspector James Swee Ch'ng) (1999) 90 IR 464 Markarian v R (2005) 215 ALR 213 CASES CITED: R v Jenkin [2003] NSWCCA 378 R v Tadrosse [2005] NSWCCA 145 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Wickham [2004] NSWCCA 193 WorkCover Authority of New South Wales (Inspector Ankucic) v Crown in the Right of New South Wales (Department of Education and Training (2001) 112 IR 1 WorkCover Authority of New South Wales (Inspector Christopher Downie) v Menzies Property Services Pty Limited (2004) 136 IR 449 WorkCover Authority (Inspector Mason) v Wild Geese Building & Maintenance Pty Limited [2006] NSWIRComm 152
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate