Inspector Cooper v Schwarz [2012] NSWIRComm 107

Inspector Cooper v Schwarz [2012] NSWIRComm 107

Because the question of parity arose and related prosecutions against other defendants from the same incident had not yet been determined, the Court could not properly proceed to sentence the defendants and adjourned the sentencing hearings part heard to a date to be fixed.

Jurisdiction
Australia
Judgment Date
17 September 2011
Procedural Posture
Occupational Health and Safety Prosecution Under the Occupational Health and Safety Act 2000 / Sentencing Hearing Following Guilty Pleas, Adjourned Part Heard
Outcome
Matters adjourned part heard to a date to be fixed.
Legal Topics
['contravention of S 8(1) of the Occupational Health and Safety Act 2000' 'guilty Pleas' 'parity in Sentencing' 'adjournment of Sentencing Hearing' 'unguarded Nip Point of Printing Press']
['occupational Health and Safety' 'industrial Law' 'sentencing Procedure'] ['contravention of S 8(1) of the Occupational Health and Safety Act 2000' 'guilty Pleas' 'parity in Sentencing' 'adjournment of Sentencing Hearing' 'unguarded Nip Point of Printing Press']

Case Brief

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Procedural Posture

Occupational Health and Safety Prosecution Under the Occupational Health and Safety Act 2000 / Sentencing Hearing Following Guilty Pleas, Adjourned Part Heard

Legal Issues

  1. 1 ['Whether the sentencing judge could proceed to sentence the defendants while related prosecutions arising from the same incident against other defendants who pleaded not guilty had not been determined.' 'Whether the principle of parity could be applied before the matters concerning the principal defendants were finalised.']

Ratio Decidendi

Because the question of parity arose and related prosecutions against other defendants from the same incident had not yet been determined, the Court could not properly proceed to sentence the defendants and adjourned the sentencing hearings part heard to a date to be fixed.

Court Disposition

Matters adjourned part heard to a date to be fixed.

Orders

  • ['Each matter is adjourned to a date to be fixed.' 'The matters will be restored to the list for finalisation of the sentencing hearing after the related matters are likely to be finalised.']