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Sentencing methodology under the Workplace Health and Safety Act 1995 (Qld)

journal contribution
posted on 06.12.2017, 00:00 by Kristy RichardsonKristy Richardson
The High Court within the judgments of AB v The Queen (1999) 198 CLR 111, Wong v The Queen (2001) 207 CLR 584 and Cameron v The Queen (2002) 209 CLR 339 evaluated two sentencing methodologies: the "two-tier" test (or "two-stage" approach) and the "instinctive synthesis" test. President Hall of the Queensland Industrial Court in sentencing under the 1995 (Qld) propounds a "two-tier" test. This article discusses both the "two-tier" test and the "instinctive synthesis" test and concludes that that the "two-tier" test is most appropriate for sentencing offenders under the Workplace Health and Safety Act.

Funding

Category 1 - Australian Competitive Grants (this includes ARC, NHMRC)

History

Volume

26

Issue

2

Start Page

79

End Page

86

Number of Pages

8

ISSN

0312-1658

Location

Sydney

Publisher

Thomson Lawbook

Language

en-aus

Peer Reviewed

Yes

Open Access

No

Era Eligible

Yes

Journal

Queensland lawyer.

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