McCarthy v Sell & Parker Pty Ltd [2000] NSWIRComm 273

Industrial Relations Commission of New South Wales in Court Session

CITATION : McCarthy v Sell & Parker Pty Ltd [2000] NSWIRComm 273 APPELLANT: Inspector Glenn McCarthy PARTIES : RESPONDENT: Sell & Parker Pty Ltd FILE NUMBER: IRC 4172 of 2000 CORAM: Wright J President; Walton J Vice-President; Kavanagh J Occupational health and safety - Appeal from magistrate's decision pursuant to s 10 of the Crimes (Sentencing Procedure) Act 1999 not to proceed to conviction - Agreement between parties that leave to appeal should be granted and appeal upheld - Objective features of offence - Importance of magistrate alerting parties to benefit of s 10 being considered - Appeal upheld - Proceedings remitted to a different magistrate in accordance with parties' agreement. CATCHWORDS : Appeal - Appeal from magistrate's decision pursuant to s 10 of the Crimes (Sentencing Procedure) Act 1999 not to proceed to conviction - Occupational health and safety - Agreement between parties that leave to appeal should be granted and appeal upheld - Objective features of offence - Importance of magistrate alerting parties to benefit of s 10 being considered - Appeal upheld - Proceedings remitted to a different magistrate in accordance with parties' agreement. Crimes Act 1900 s 556A (repealed) LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 s 10 Industrial Relations Act 1996 s 197 Occupational Health and Safety Act 1983 s 15 s 47 Blue Mountains Disability Services Ltd v Stinson (1999) 92 IR 246 CASES CITED : Drake Personnel Ltd t/a Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 WorkCover Authority of New South Wales (Inspector Egan) v Atco Controls Limited (1998) 82 IR 80 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 100 IR 64 HEARING DATES: DATE OF JUDGMENT: 12/19/2000