Sentencing in WHS Matters

09 Mar 2018

A PAPER PRESENTED AT GREENWAY CHAMBERS 

2 MARCH 2018

INGMAR TAYLOR SC

MALCOLM SCOTT

 

1. This paper deals with three subjects:

a. A review of three key judgments of the Court of Criminal Appeal;

b. The recent High Court decision of Dalgliesh dealing with the sentencin discretion; and

c. Sentencing options provided by Part 13, Division 2 of the Work, Health and Safety Act 2011 NSW (WHS Act), including the Court’s discretion under s239 of the WHS Act to adjourn a proceeding on the basis of an undertaking without imposing a conviction.

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Ingmar Taylor SC

Barrister 1997
Silk 2012

02 9151 2927

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Malcolm Scott

Barrister 1990

02 9151 2928

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