NSW Caselaw
New South Wales Supreme Court
CITATION : Independent Transport Safety & Reliability Regulator v Australian Rail Track Corporation [2010] NSWSC 697
HEARING DATE(S) : 20 May 2010
JUDGMENT DATE : 6 July 2010
JUDGMENT OF : Price J at 1
DECISION : 1. The defendant is convicted and fined $200,000 with a moiety of one half of the fine, namely $100,000 to the plaintiff. 2. The defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : CRIMINAL LAW - sentencing - breach of Rail Safety Act 2002 - whether causal link between death of railworkers and breach - whether offence objectively serious - whether offence involved grave risk of death - whether defendant remorseful - whether specific deterrence called for
Crimes (Sentencing Procedure) Act 1999 s 21A, LEGISLATION CITED : s 21A(2)(ib), s 21A(3)(e)-(f), s 21A(3)(l)-(m), s 21A(3)(i)(i)-(ii), s 21A(3)(h) Rail Safety Act 2002 s 48A(1), s 91(2)(a)
CATEGORY : Sentence
Capral Aluminium v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 CASES CITED : R v Borkowski [2009] NSWCCA 102 R v Olbrich (1999) CLR 270
PARTIES : Independent Transport Safety and Reliability Regulator v Australian Rail Track Corporation
FILE NUMBER(S) : SC 13556/2009
COUNSEL : Mr Agius SC + Ms W Thompson (Plaintiff) Mr Dixon + Ms K Dawson (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
PRICE J
6 July 2010
13556/2009 Independent Transport Safety and Reliability Regulator v Australian Rail Track Corporation
JUDGMENT 1 HIS HONOUR: Australian Rail Track Corporation, the defendant, pleads guilty to an offence contrary to s 91(2)(a) Rail Safety Act 2002, that; "being an accredited person to operate a railway in New South Wales, the Defendant did on 16 July 2007 contravene a condition attached to its accreditation being the condition to comply with the provisions of s 48A(1) of the Rail Safety Act 2002 in that it failed to:
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