Kemp v Walker; Kemp v Robbie Walker Transport Operations [2015] NSWSC 490

Kemp v Walker; Kemp v Robbie Walker Transport Operations [2015] NSWSC 490

Both RWTO and Mr Walker are convicted of a severe risk breach of load restraint requirements; mitigating circumstances warrant reduced fines, but convictions are necessary due to the seriousness of the offence and need for general deterrence.

Jurisdiction
Australia
Judgment Date
01 May 2015
Procedural Posture
Criminal Prosecution / Sentencing Judgment
Outcome
Company and director convicted; fines imposed; costs ordered.
Legal Topics
['load Restraint Offences' 'corporate Responsibility' 'sentencing' 'chain of Responsibility']
['criminal Law' 'road Transport' 'corporate Liability'] ['load Restraint Offences' 'corporate Responsibility' 'sentencing' 'chain of Responsibility']

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Procedural Posture

Criminal Prosecution / Sentencing Judgment

Legal Issues

  1. 1 ['Whether RWTO and its director breached load restraint requirements under the Road Transport (General) Act 2005' 'The appropriate penalties for a severe risk breach by an operator and director']

Ratio Decidendi

Both RWTO and Mr Walker are convicted of a severe risk breach of load restraint requirements; mitigating circumstances warrant reduced fines, but convictions are necessary due to the seriousness of the offence and need for general deterrence.

Court Disposition

Company and director convicted; fines imposed; costs ordered.

Orders

  • ['RWTO convicted and fined $16,500.' 'Robert John Walker convicted and fined $900.' "Defendants to pay prosecutor's costs, assessed at $20,000."]