Inspector Walker v Earthquake Promotions Pty Ltd [2013] NSWIRComm 56

Given doubts as to whether the applicants fully understood the charges, and whether legal advice provided was competent and appropriate, a real question arises regarding the applicants' guilt. Accordingly, leave should be granted to withdraw the guilty pleas.

Jurisdiction: Australia
Judgment Date: 28 June 2013
Procedural Posture: Interlocutory Application / Application to Vacate Guilty Pleas
Outcome: Leave granted to applicants to withdraw the guilty pleas. Pleas of guilty vacated. Costs reserved. Matters relisted for directions.
Legal Topics: ['withdrawal of Guilty Plea' 'employer Duties' 'corporate Criminal Liability' 'defences in OHS Prosecutions']

['occupational Health and Safety Law' 'criminal Law'] ['withdrawal of Guilty Plea' 'employer Duties' 'corporate Criminal Liability' 'defences in OHS Prosecutions']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Interlocutory Application / Application to Vacate Guilty Pleas

Legal Issues

1 ['Whether the pleas of guilty by the applicants should be vacated' 'Whether a miscarriage of justice would occur if the guilty pleas were not withdrawn' 'Whether there was genuine consciousness of guilt when entering the pleas' 'Whether legal advice given was competent and appropriate']

Ratio Decidendi

Court Disposition

Leave granted to applicants to withdraw the guilty pleas. Pleas of guilty vacated. Costs reserved. Matters relisted for directions.

Orders

['The plea of guilty entered on 7 June 2012 by Clay Gill to the charge of contravening s 8(2) of the Occupational Health and Safety Act 2000 pursuant to s 26 is vacated.' 'The plea of guilty entered on 7 June 2012 by Earthquake Promotions Pty Limited to the charge of contravening s 8(2) of the Occupational Health...