SafeWork NSW v BKH Contractors Group Pty Ltd
[2025] NSWDC 401
Para 50
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Mills & Watson Plumbing Pty Ltd; SafeWork NSW v Christopher Allan Mills
[2025] NSWDC 402
Para 67
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Hilltop Meats Pty Ltd
[2025] NSWDC 363
Para 56
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v BI Australia Pty Ltd
[2025] NSWDC 364
Para 99
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Tiger Electrical Solutions Pty Ltd
[2025] NSWDC 300
Para 65
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Aria Carpentry and Construction Pty Ltd
[2025] NSWDC 301
Para 51
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in s 3A of the Sentencing Act are constrained by the sentencing principles that exist under the common law such as the pr…
SafeWork NSW v Garben; SafeWork NSW v Stevens; SafeWork NSW v Crestville Holdings Pty Ltd
[2025] NSWDC 302
Para 66
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
Badaric v The King
[2025] NSWCCA 117
Para 10
…ately reflect the objective gravity of the applicant’s offending: R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534 at [63] (Spigelman CJ); R v MA [2004] NSWCCA 92; (2004) 145 A Crim R 434 at [33] (Dunford J, Studdert and James JJ agreeing).…
R v Kilby (No 2)
[2025] NSWSC 748
Para 23
…thesis” which takes account of and balances the “conflicting and contradictory” factors which bear upon the sentencing exercise: see R v MA [2004] NSWCCA 92 at [23]; R v King [2004] NSWCCA 444 at [130]; R v MMK [2006] NSWCCA 272 at [10]; R v Burns (No 2) [2022] NSWSC 140 ( Burns (No 2) ) at [64].”…
SafeWork NSW v Bellabrae Homes Pty Ltd
[2025] NSWDC 252
Para 64
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Duralina Pty Ltd; SafeWork NSW v Mill HR Pty Ltd
[2025] NSWDC 253
Para 56
…Act) 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Galvatech Pty Ltd
[2025] NSWDC 73
Para 41
…) Act 1999 (NSW) (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Demolition 1 Pty Limited
[2025] NSWDC 76
Para 56
…t that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v State Asphalt Services Pty Ltd
[2025] NSWDC 75
Para 33
…cedure) Act 1999 (Sentencing Act) is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Abdul El-Hawly
[2025] NSWDC 74
Para 43
…) Act 1999 (NSW), (Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v State of New South Wales (Department of Communities and Justice, Corrective Services NSW)
[2024] NSWDC 606
Para 36
…t that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v The Salvation Army (NSW) Property Trust
[2024] NSWDC 608
Para 48
…t that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
R v Karim
[2024] NSWCCA 234
Para 2
…on on aggregate sentence, the non-parole period was also manifestly inadequate: at [90]. R v Zolfonoon [2016] NSWCCA 250; 262 A Crim R 285; R v M A [2004] NSWCCA 92; 145 A Crim R 434 considered.…
SafeWork NSW v Modco Homes Pty Ltd
[2024] NSWDC 565
Para 46
…t that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Rahme Civil Pty Ltd; SafeWork NSW v Rabih Rahme
[2024] NSWDC 561
Para 18
…t that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v Form Group NSW Pty Ltd
[2024] NSWDC 562
Para 60
…t that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
SafeWork NSW v TJN Construction Group Pty Ltd
[2024] NSWDC 563
Para 67
…t that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of pro…
Director of Public Prosecutions v Matas
[2024] ACTSC 234
…v Kilic [2016] HCA 48; 259 CLR 256 R v Kirkwood [2022] ACTSC 148 R v Knight [2005] NSWCCA 253; 155 A Crim R 252 R v Lindsay [2020] ACTCA 25 R v MA [2004] NSWCCA 92 R v MacDonald [2017] ACTSC 59 R v MAK [2006] NSWCCA 381; 167 A Crim R ·159 R v March [2023] ACTSC 28 R v Miller [2019] ACTCA 25; 279 A Crim R 232 R v M…
SafeWork NSW v Edstein Creative Pty Ltd
[2024] NSWDC 178
Para 88
…I accept that section 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality…
SafeWork NSW v Metsquare Pty Ltd
[2024] NSWDC 84
Para 57
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Scott’s Refrigerated Logistics Pty Ltd
[2024] NSWDC 86
Para 77
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Aland B & W Pty Ltd
[2024] NSWDC 33
Para 63
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Inghams Enterprises Pty Limited
[2023] NSWDC 580
Para 49
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v B & E Foods Pty Ltd
[2023] NSWDC 569
Para 70
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
Ingray v The King
[2023] NSWCCA 292
Para 33
…f s 44(1) of the Crimes (Sentencing Procedure) Act 1999 and the line of authority was summarised by this Court in R v MA (2004) 145 A Crim R 434; [2004] NSWCCA 92 at [33]: [T]he Court in Simpson followed what had been said by the High Court in Power v R (1974) 131 CLR 623 at 627–629 to the effect that the purpose o…
SafeWork NSW v Think Tank Building Solutions Pty Ltd
[2023] NSWDC 532
Para 61
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Royal Touch Paper Products Pty Ltd
[2023] NSWDC 533
Para 76
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Mars Commercial Pty Ltd
[2023] NSWDC 531
Para 54
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Meoushy
[2023] NSWDC 498
Para 20
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Big River Group Pty Ltd
[2023] NSWDC 499
Para 60
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Denbrok Constructions Pty Limited
[2023] NSWDC 407
Para 42
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Bidfood NSW Pty Limited
[2023] NSWDC 378
Para 52
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Art Civil Pty Ltd
[2023] NSWDC 379
Para 46
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Universal Propping & Supports Pty Limited
[2023] NSWDC 348
Para 71
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Carbon BMC Pty Ltd (ACN 630 546 833)
[2023] NSWDC 349
Para 70
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v A1 Arbor Tree Services Pty Ltd
[2023] NSWDC 256
Para 118
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v N Moit & Sons (NSW) Pty Ltd
[2023] NSWDC 205
Para 73
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Ausgrid Management Pty Ltd
[2023] NSWDC 164
Para 77
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v AGL Macquarie Pty Ltd
[2023] NSWDC 133
Para 55
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v Crown in the Right of New South Wales in respect of the Ambulance Service of NSW
[2023] NSWDC 134
Para 122
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
R v Knight
[2023] NSWSC 321
Para 101
…ynthesis” which takes account of and balances the “conflicting and contradictory” factors which bear upon the sentencing exercise: see R v MA [2004] NSWCCA 92 at [23]; R v King [2004] NSWCCA 444 at [130]; R v MMK [2006] NSWCCA 272 at [10]; R v Burns (No 2) [2022] NSWSC 140 ( Burns (No 2) ) at [64].…
SafeWork NSW v MON Natural Foods Pty Ltd
[2023] NSWDC 55
Para 69
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
SafeWork NSW v McInerney Enterprises Pty Ltd;; SafeWork NSW v Taylor McInerney
[2023] NSWDC 56
Para 47
…I accept that s 3A of the Sentencing Act is generally regarded as a codification of the common law principles of sentencing: R v MA [2004] NSWCCA 92. The purposes of punishment in the section are constrained by the sentencing principles that exist under the common law such as the principles of proportionality and t…
The Queen v Ruwhiu
[2023] ACTCA 18
Para 33
…mit to any reduction that might be thought appropriate on the basis of converting punishment into an opportunity for rehabilitation: R v MA [2004] NSWCCA 92 ( MA ) at [33]. However, the majority of the High Court in Bugmy (1990) cautioned that a judicial officer should not fix a minimum term solely or primarily in…
R v March
[2023] ACTSC 28
Para 1
…01) 53 NSWLR 704 at [59]; R v Ogochukwu [2004] NSWCCA 473 at [33]; R v Cramp [2004] NSWCCA 264 at [34]; Caristo v R [2011] NSWCCA 7 at [27]; R v MA [2004] NSWCCA 92 ( R v MA ) at [33]-[34]; Hili at [40]. See BC (No 4) at [141].…