NSW Caselaw
Industrial Court of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Hamilton) v Darren Thomas Andrew Smith [2006] NSWIRComm 118
PROSECUTOR: WorkCover Authority of New South Wales PARTIES: (Inspector Hamilton)
DEFENDANT: Darren Thomas Andrew Smith
FILE NUMBER(S): IRC 1939 of 2005
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - plea of guilty - general principles - objective seriousness of the offence - foreseeability - general and specific deterrence - subjective features taken into consideration - no prior convictions - defendant's financial position taken into consideration - penalty imposed - considerations as to costs order sought by prosecutor - s 6 of the Fines Act considered - discretion exercised to modify costs order sought - orders made as to penalty, moiety and costs.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Fines Act 1996 Home Building Act 1989 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng)(1999) 90 1R 432 Ferguson v Nelmac Pty Limited (1999) 92 IR 188 Inspector Yeung v Donald Wilson trading as Wilson's Tree Service [2004] NSWIRComm 346 Inspector Yeung v Donald Edwin Wilson trading as Wilson's Tree Service [2005] NSWIRComm 158 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 Thomspon; R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 State Rail Authority (New South Wales) v Dawson (1990) 37 IR 110 Thorneloe v Filipowski (2001) 52 NSWLR 60 WorkCover Authority (Inspector Farrell) v Ross Collin Morrison [2001] NSWIR Comm 325 WorkCover Authority of New South Wales (Inspector Farrell) v David Karl Schrader (2002) 112 IR 284 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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