NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Inspector Lai v Rexma Pty Ltd and Another [2008] NSWIRComm 78
APPELLANT: Inspector Desmond Lai PARTIES: RESPONDENTS: Rexma Pty Ltd Chung Byung Man
FILE NUMBER(S): IRC 1257 and 1258 of 2007
CORAM: Walton J Vice-President; Schmidt J; Backman J
CATCHWORDS: Appeal - occupational health and safety - Occupational Health and Safety Act 2000 - s 197 of the Industrial Relations Act 1996 - appeals against inadequacy of sentences - whether sentence inadequate in the absence of identifiable material error - whether error at first instance by failure of Magistrate to sentence corporate respondent by reference to the maximum penalty - whether failure to take into account respondents' prior knowledge of the existence of a risk to safety an error - whether too much weight placed on subjective factors - whether failure to make findings concerning respondents' respective culpabilities an error - whether failure to provide reasons an error - s 43 Crimes (Sentencing Procedure) Act 1999 and circumstances in which sentence proceedings may be re-opened discussed - held: error established - sentences manifestly inadequate - appeal upheld - respondents re sentenced.
Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998
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