Inspector Morrison v Cumnock No.1 Colliery Pty Ltd [2004] NSWIRComm 151

Industrial Relations Commission of New South Wales in Court Session

CITATION : Inspector Morrison v Cumnock No.1 Colliery Pty Ltd [2004] NSWIRComm 151 revised - 09/06/2004 PROSECUTOR Inspector Rodney Morrison PARTIES : DEFENDANT Cumnock No.1 Colliery Pty Ltd FILE NUMBER: 5412 of 2001 CORAM: Marks J CATCHWORDS : Occupational health and safety prosecution - guilty plea to amended charge - fatality - serious offence - simple and obvious way of removing foreseeable risk - subjective factors considered in determining penalty - whether plea entered at first reasonable opportunity - discount applied to penalty. LEGISLATION CITED : Occupational Health and Safety Act 1983 s15(1) Sentencing Act 1995 (WA) CASES CITED : Cameron v The Queen [2002] HCA 6 R v Thompson, R v Houlton [2000] NSWCCA 309 HEARING DATES: 05/14/2004 DATE OF JUDGMENT: 06/04/2004

PROSECUTOR Mr Gleeson QC with Mr Scott of counsel Solicitor: Mr P Thompson Moray and Agnew Solicitors LEGAL REPRESENTATIVES: DEFENDANT Mr Hodgkinson SC with Mr Shume of counsel Solicitor: Mr P Cutrone Sparke Helmore

JUDGMENT: - 11 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Friday 4 June 2004 Matter No IRC 5412 of 2001 Inspector Rodney Morrison v Cumnock No.1 Colliery Pty Ltd Prosecution under s.15(1) of the Occupational Health and Safety Act 1983 JUDGMENT NSWIRComm 151