DPP v Heavy Mechanics Pty Ltd
[2023] VSCA 69
Citation 1
(Para 7)
…g factor, and does not override the need for a fine capable of serving the purpose of general deterrence.[16] [16] Cf DPP v Heavy Mechanics Pty Ltd [2023] VSCA 69 at [46]-[47], [81] and [85] (Niall and Macauley JJA; Priest JA dissenting). The accused company in that case was also of modest size and profits; on ap…
Di Tonto v The Queen; AM Design and Construction Pty Ltd v The Queen
[2018] VSCA 312
Citation 2
(Para 6)
…even if that requires it to use money derived from the sale of assets. [15] Cf Di Tonto v The Queen; AM Design and Construction Pty Ltd v The Queen [2018] VSCA 312 at [30] (Priest and Weinberg JJA). See Amended Further Submissions Regarding the Accused’s Capacity to Pay a Fine (30 August 2024); Prosecution Submiss…
DPP v Vibro-Pile (Aust) Pty Ltd
[2016] VSCA 55
Citation 3
(Para 1)
…sequences of that failure, namely that Mr Butcher fell and died. [3] See DPP v Frewstal Pty Ltd (2015) 47 VR 660; and DPP v Vibro-Pile (Aust) Pty Ltd (2016) 49 VR 676.…
DPP v Frewstal Pty Ltd
[2015] VSCA 266
Citation 4
(Para 1)
…m the top of a trailer, not for the gravity of the consequences of that failure, namely that Mr Butcher fell and died. [3] See DPP v Frewstal Pty Ltd (2015) 47 VR 660; and DPP v Vibro-Pile (Aust) Pty Ltd (2016) 49 VR 676.…
Director of Public Prosecutions v Ourarchi Pty Ltd
[2023] VCC 884
Citation 5
(Para 1)
…fitting Pty Ltd [2019] VCC 658 at [23]-[24]. The company may have been a similar size or even smaller in two of the cases: see DPP v Ourarchi Pty Ltd [2023] VCC 884 at [1]-[4]; and DPP v Seascape Constructions Pty Ltd [2023] VCC 751 at [39] and [46].…
Director of Public Prosecutions v Seascape Constructions Pty Ltd
[2023] VCC 751
Citation 6
(Para 1)
…en a similar size or even smaller in two of the cases: see DPP v Ourarchi Pty Ltd [2023] VCC 884 at [1]-[4]; and DPP v Seascape Constructions Pty Ltd [2023] VCC 751 at [39] and [46].…
Director of Public Prosecutions v Paul Kenneally
[2019] VCC 658
Citation 7
(Para 1)
…Montague Pty Ltd [2018] VCC 1553 at [37]. The company appears to have been of a comparable size in DPP v Paul Kenneally & Entire Shopfitting Pty Ltd [2019] VCC 658 at [23]-[24]. The company may have been a similar size or even smaller in two of the cases: see DPP v Ourarchi Pty Ltd [2023] VCC 884 at [1]-[4]; and…
Director of Public Prosecutions v W.F. Montague Pty Ltd
[2018] VCC 1553
Citation 8
(Para 1)
…ar as I can tell, only one of the four accused companies appear to have been larger in size than D&A Martin.[12] [12] See DPP v W.F. Montague Pty Ltd [2018] VCC 1553 at [37]. The company appears to have been of a comparable size in DPP v Paul Kenneally & Entire Shopfitting Pty Ltd [2019] VCC 658 at [23]-[24]. The…