It is common knowledge in Tasmania, for the purposes of s 144(1)(a) of the Evidence Act 2001 (Tas), that asbestos exposure can be fatal, that symptoms may not be detectable for years, and that exposed persons face prolonged uncertainty about their health. However, the specific quantum of risk associated with particular levels of exposure is not common knowledge and cannot be the subject of judicial notice. Sentencing courts dealing with asbestos exposure offences must take these commonly known consequences into account when assessing the seriousness of the offending.
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