NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Barber) v Viscount Rotational Mouldings Pty Limited (formerly known as Linpac Rotational Mouldings Pty Limited) [2008] NSWIRComm 27
PROSECUTION: WorkCover Authority of New South Wales (Inspector Barber) PARTIES: DEFENDANT: Viscount Rotational Mouldings Pty Limited
FILE NUMBER(S): IRC 1892 of 2007
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - plea of guilty - general principles - foreseeability - objective seriousness of the offence - general and specific deterrence - no prior convictions - subjective features taken into consideration - penalty imposed - orders as to penalty and moiety - no costs order required.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 99 IR 29 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v The Queen [2005] HCA 25: 18 May 2005 CASES CITED: R v Gallagher (1991) 23 NSWLR 220 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 Thorneloe v Filipowski (2001) 52 NSWLR 60
HEARING DATES: 4 March 2008
DATE OF JUDGMENT: 5 March 2008
PROSECUTION: Mr M Cahill of counsel SOLICITORS: WorkCover Criminal Law Practice Legal Group
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