NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Colin West v Romaly Holdings Pty Limited [2003] NSWIRComm 265 PROSECUTOR: Inspector Colin West PARTIES : DEFENDANT: Romaly Holdings Pty Limited ACN 001 094 837 FILE NUMBER: IRC 2230 of 2002 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecution under section 15(1) of the Occupational Health and Safety Act 1983 - trucking business - plea of guilty - 30 year unblemished record - falling pallet - forklift operator - risk readily foreseeable - general deterrence - specific deterrence - defendant convicted of the offence charged - penalty imposed - moiety to prosecutor - defendant to pay prosecutor's costs as agreed or assessed LEGISLATION CITED : Fines Act 1996 Occupational Health and Safety Act 1983 CASES CITED : Capral Aluminium Ltd v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610 Inspector Ian Lancaster v Burnshaw Constructions Pty Ltd (2002) NSWIRC 319 HEARING DATES: 07/25/2003 DATE OF JUDGMENT: 08/25/2003
PROSECUTOR: Mr DB O'Neil of counsel SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES: DEFENDANT: Mr MP Cahill of counsel SOLICITORS: Lander & Rogers
JUDGMENT: - 12 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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