Inspector Steven Nikolovski v Alex Avi Lankry [2011] NSWIRComm 34

Inspector Steven Nikolovski v Alex Avi Lankry [2011] NSWIRComm 34

Both charges are valid as they sufficiently identify the legal elements of the offences, and any particularisation deficiencies are curable by providing further particulars. The court has jurisdiction to hear and determine the proceedings. The defendant gave instructions to his solicitor to enter pleas of guilty, and the pleas were entered freely; thus, no basis exists to allow withdrawal of the pleas of guilty.

Jurisdiction
Australia
Judgment Date
31 March 2011
Procedural Posture
Interlocutory Application / Application to Withdraw Plea of Guilty Before Sentencing
Outcome
Applications to withdraw pleas of guilty denied; notice of motion dismissed; costs reserved.
Legal Topics
['withdrawal of Guilty Plea' 'particularisation of Charges' "directors' Liability" 'court Jurisdiction' 'ohs Offences']
['occupational Health and Safety' 'industrial Relations' 'criminal Procedure'] ['withdrawal of Guilty Plea' 'particularisation of Charges' "directors' Liability" 'court Jurisdiction' 'ohs Offences']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Withdraw Plea of Guilty Before Sentencing

Legal Issues

  1. 1 ['Whether the charges disclose offences known to the law under the OHS Act 2000' 'Whether the charges are sufficiently particularised, identifying the risks and the omitted measures' 'Whether the defendant provided instructions to enter pleas of guilty' 'Whether further particulars should be provided regarding the risk, measures, and control of premises' 'Whether supporting affidavits can supplement charge particulars']

Ratio Decidendi

Both charges are valid as they sufficiently identify the legal elements of the offences, and any particularisation deficiencies are curable by providing further particulars. The court has jurisdiction to hear and determine the proceedings. The defendant gave instructions to his solicitor to enter pleas of guilty, and the pleas were entered freely; thus, no basis exists to allow withdrawal of the pleas of guilty.

Court Disposition

Applications to withdraw pleas of guilty denied; notice of motion dismissed; costs reserved.

Orders

  • ["The defendant's Notice of Motion in Matter Numbers IRC 1848 and 1849 of 2008 is dismissed." 'The application made to withdraw the plea of guilty in Matter Number IRC 1847 of 2008 is dismissed.' 'Costs are reserved.' 'Matter Numbers IRC 1847 and 1848 of 2008 are set down for a directions hearing at 9.30am on...