NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kemp v Doble, Kemp v Doble Express Transport Pty Ltd [2014] NSWSC 785 Hearing dates: 10/06/2014 Decision date: 19 June 2014 Before: Garling J Decision: In proceedings number 2013/135912: (1) I convict Doble Express Transport Pty Ltd of an offence contrary to s 56(1) of the Road Transport (General) Act 2005. (2) With respect to that offence, I impose a fine of $24,750. In proceedings number 2013/135839: (3) I convict Graeme John Doble of an offence contrary to s 178 of the Road Transport (General) Act 2005. (4) With respect to that offence, I impose a fine of $4,400. Catchwords: CRIMINAL LAW - summary jurisdiction - offences under Road Transport (General) Act 2005 - offence by company as an operator - offence by company director in respect of offence by operator - breach of load restraint requirements - both defendants plead guilty
CRIMINAL LAW - sentencing - Road Transport (General) Act 2005 - severe risk breach - statutory requirements on sentencing - appreciable risk of harm to public safety - serious risk of harm to road infrastructure - serious risk of traffic congestion - aggravating factors - seriousness of loss caused by offence - mitigating factors - lack of relevant previous convictions - penalty Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Road Transport (General) Act 2005 Cases Cited: Kemp v KGB Protective Coatings Pty Ltd [2014] NSWSC 586 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Borkowski [2009] NSWCCA 102 R v Forbes [2005] NSWCCA 377 R v Thomson & Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Roads & Traffic Authority NSW v Fletcher International Exports Pty Ltd [2008] NSWSC 936; (2008) 51 MVR 41 Category: Principal judgment Parties: Peter Stewart Kemp (Prosecutor) Doble Express Transport Pty Ltd (Defendant) Graeme John Doble (Defendant) Representation: Counsel: Mr M Cahill (Prosecutor) (in both matters) Ms J Healey (Defendants) (in both matters) Solicitors: Sparke Helmore Lawyers (Prosecutor) Maguire & McInerney (Defendants) File Number(s): 13/135912, 13/135839
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