NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector John Sharpin v Buildcorp Australia Pty Ltd [2005] NSWIRComm 372
PROSECUTOR: Inspector John Sharpin PARTIES: DEFENDANT: Buildcorp Australia Pty Ltd
FILE NUMBER(S): IRC 2394 of 2004
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(2) - plea of guilty entered to substantive charge but not on particulars provided by prosecutor - essence of charge found to be the risk to non employees of a load falling from a crane working over an adjoining building - considerable authority of defendant in controlling the building site - defendant's role as construction manager significant in determining its level of culpability - plea considered to be entered at early stage in unusual circumstances of the case - defendant entitled to plead only to particulars it accepts - good industrial record - significant existing safety procedures - further safety procedures adopted after accident - penalty substantially discounted
CASES CITED: Inspector Stewart v Siemens Dematic Pty Ltd (2003) 121 IR 283
HEARING DATES: 10/14/2005
DATE OF JUDGMENT: 10/19/2005
PROSECUTOR: Mr Reitano of counsel SOLICITORS: WorkCover Authority LEGAL REPRESENTATIVES: Criminal Law Practice Legal Group
DEFENDANT: Mr R Buchanan QC with Ms L McManus of counsel SOLICITORS: Sparke Helmore
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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