Inspector Childs v Stimson (No 4) [2006] NSWIRComm 158

Given the defendant's financial position, advanced age, health and carer responsibilities, and the seriousness of the offence, the court exercised its discretion to order the defendant to pay 20 percent of the prosecutor's costs, concluding that this represents a just and reasonable total with the imposed fine.

Jurisdiction: Australia
Judgment Date: 09 May 2006
Procedural Posture: Prosecution Under S 9 of the Occupational Health & Safety Act 2000 / Costs Determination Following Conviction and Sentence
Outcome: Defendant ordered to pay 20 percent of prosecutor's costs.
Legal Topics: ['costs Order' 'sentencing' 'financial Circumstances of Defendant' 'discretion in Awarding Costs']

['occupational Health & Safety' 'industrial Law' 'criminal Procedure'] ['costs Order' 'sentencing' 'financial Circumstances of Defendant' 'discretion in Awarding Costs']

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Procedural Posture

Prosecution Under S 9 of the Occupational Health & Safety Act 2000 / Costs Determination Following Conviction and Sentence

Legal Issues

1 ["Whether costs should be awarded to the prosecutor and in what quantum, having regard to the defendant's financial circumstances."]

Ratio Decidendi

Court Disposition

Defendant ordered to pay 20 percent of prosecutor's costs.

Orders

["The defendant shall pay 20 percent of the prosecutor's costs of the proceedings, being $7,420."]