NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Ruth Buggy v Lyco Industries Pty Limited [2005] NSWIRComm 423
PROSECUTOR: Inspector Ruth Buggy
PARTIES: DEFENDANT: Lyco Industries Pty Limited [ACN 006 797 575]
FILE NUMBER(S): IRC 5078 and IRC 5079 of 2004
CORAM: Schmidt J
Occupational Health and Safety - prosecutions under section 18(1)(a) and (b) of the Occupational Health and Safety Act 1983 - fatality - defendant a manufacturer and supplier - no prior convictions - question of sentence - general and specific deterrence - parity - principle of totality to be applied - penalty imposed - reduction - costs as agreed or assessed CATCHWORDS:
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 1983
Camillieri's Stock Feeds Pty Ltd v Environment Protection Authority, (1993) 32 NSWLR 683 CASES CITED: Inspector Ruth Buggy v Lyco Industries Pty Limited [2005] NSWIRComm 298 R v O'Neill [1979] 2 NSWLR 582
HEARING DATES: 10/12/2005
DATE OF JUDGMENT: 11/24/2005
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: WorkCover Authority of New South Wales Legal Group LEGAL REPRESENTATIVES:
DEFENDANT: Mr J Phillips SC SOLICITORS: McCulloch & Buggy
JUDGMENT:
- 15 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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