Legge v Coffey Engineering Pty Ltd (No 3) [2002] NSWIRComm 30

Industrial Relations Commission of New South Wales in Court Session

CITATION : Legge v Coffey Engineering Pty Ltd (No 3) [2002] NSWIRComm 30 APPELLANT Inspector Patrick Legge PARTIES : RESPONDENT Coffey Engineering Pty Limited FILE NUMBER: IRC 5379 of 2000 CORAM: Walton J Vice-President; Glynn J; Hungerford J Occupational Health and Safety - Appeal by prosecutor against dismissal of charge - Appeal upheld - Offence found proven - Appropriate sentence to be imposed - Offence found to be serious - Dangers occasioned to employees of labour hire companies - Significant subjective features in mitigation of penalty - Considerations of double jeopardy in the sentencing process - Penalty imposed - Moiety of fine and costs in favour of appellant - Certificate to respondent employer under Suitors' Fund Act 1951. CATCHWORDS : Appeal - Against acquittal for breach of occupational health and safety legislation - Appeal upheld and offence found proven - Appropriate sentence - Considerations of double jeopardy in the sentencing process - Penalty imposed with a discount for subjective features, including double jeopardy - Moiety of fine and costs in favour of appellant - Certificate to respondent under Suitors' Fund Act 1951. LEGISLATION CITED : Occupational Health and Safety Act 1983 s15(1) Suitors' Fund Act 1951 s 6(1A) CASES CITED : Legge v Coffey Engineering Pty Ltd (No 2) [2001] NSWIRComm 319 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 100 IR 64 HEARING DATES: 01/31/2002 EXTEMPORE JUDGMENT DATE : 01/31/2002