NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Craig Przibilla v The Roofing Centre Albury/Wodonga Pty Ltd. [2004] NSWIRComm 227 PROSECUTOR: Inspector Craig Przibilla PARTIES : DEFENDANT: The Roofing Centre Albury/Wodonga Pty Ltd FILE NUMBER: IRC 6293 of 2003 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 2000 - s 8(1) - plea of guilty entered after amended application for order filed by prosecution - severe leg and foot injury suffered by employee - unsafe method of work involving manual rolling of metal coils weighing 300-500kgs - simple steps available to avoid foreseeable detriment to safety - serious breach of Act established - general and specific deterrence appropriate elements in setting penalty - first offence - good industrial record over period of 17 years of operation - subjective factors considered - financial circumstances of defendant considered - formal application under s 10 Crime (Sentencing Procedure) Act 1999 rejected - victims impact statement tendered - penalty imposed CASES CITED : Inspector Stewart v Siemans Dematic Pty Ltd (formerly Mannesman Dematic Colby Pty Ltd) No 2 [2003] NSWIRComm 45
HEARING DATES: 08/03/2004 DATE OF JUDGMENT: 08/13/2004
PROSECUTOR: Mr M Cahill of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES: DEFENDANT: Mr A Moses of counsel SOLICITORS: Cutler Hughes & Harris
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