NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Macready) v Forcon Pty Limited and Jeffrey Ronald Forsyth [2007] NSWIRComm 132
PROSECUTOR: WorkCover Authority of New South Wales (Inspector Macready) PARTIES: DEFENDANTS: Forcon Pty Limited Jeffrey Ronald Forsyth
FILE NUMBER(S): IRC 4706 and 4707 of 2005
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - pleas of guilty - general principles - foreseeability - objective seriousness of the offence - general and specific deterrence - no prior convictions - subjective features taken into consideration - financial capacity of defendants considered - held not persuaded exercise of discretion under s 10 of Crimes (Sentencing Procedure) Act appropriate in relation to personal defendant - held the provisions of s 10A of Crimes (Sentencing Procedure) Act not applicable - penalty imposed - orders as to penalty, moiety and costs.
Crimes and Courts Legislation Amendment Act 2006 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Fines Act 1996 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 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 McMartin v Newcastle Wallsend Coal Company and ors (2005) NSWIRComm 31 Markarian v The Queen [2005] HCA 25: 18 May 2005 Onetech Pty Limited v Shaw [1999] WASCA 289 CASES CITED: R v Gallagher (1991) 23 NSWLR 220 R v Thompson; R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 Thorneloe v Filipowski (2001) 52 NSWLR 60 Ward v The Ritz Hotel (London) Limited (1992) PIQR 315 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries [2000] NSWIRComm 142 WorkCover Authority of New South Wales (Inspector Larobina) v Drilltest Pty Limited and Douglas Stephen Miller [2006] NSWIRComm 371 WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New [2004] NSWIRComm 247
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