NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Belley) v Steven Carl Akerman [2007] NSWIRComm 55
PROSECUTOR: WorkCover Authority of New South Wales (Inspector Belley) PARTIES: DEFENDANT Steven Carl Akerman
FILE NUMBER(S): IRC 5606 of 2005
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - sentencing proceedings on ex parte basis - defendant resides in United States of America - no appearance by defendant despite being served - relevant sentencing principles reaffirmed - objective seriousness of the offence - principle of parity vis-a-vis other co-defendants applied - general deterrence - held specific deterrence not a significant factor - no prior convictions - no known subjective features - s 253 of the Criminal Procedure Act 1986 applicable - assessment of prosecutor's costs accepted as reasonable - penalty imposed - orders as to conviction, penalty, moeity and costs.
LEGISLATION CITED: Criminal Procedure Act 1986 Occupational Health and Safety Act 2000
CASES CITED: Stephen Finlay McMartin v Newcastle Wallsend Coal Company Pty Limited & others [2005] NSWIRComm 31
HEARING DATES: 14/3/2007
DATE OF JUDGMENT: 14 March 2007
PROSECUTION: Mr R Reitano of counsel SOLICITORS: LEGAL REPRESENTATIVES: Criminal Law Practice Legal Group
DEFENDANT: No appearance
JUDGMENT:
- 9 - INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Staunton J DATE: 14/3/2007
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