NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Rodney Dale Morrison v Peter James Buchanan [2004] NSWIRComm 223 PROSECUTOR: Rodney Dale Morrison PARTIES : DEFENDANT: Peter James Buchanan FILE NUMBER: 1592 of 2002 CORAM: Staunton J CATCHWORDS : Occupational health and safety - plea of guilty - objectively serious offence - real foreseeability of risk - readily and easily available remediation steps which could have been undertaken by the defendant before the accident to prevent the injury occurring - general and specific deterrence - regard to defendant's financial circumstances in imposing a penalty - finding as to defendant's impecuniosity - defendant convicted - penalty imposed - no order as to costs. LEGISLATION CITED : Occupational Health and Safety Act 1983 Fines Act 1996 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 CASES CITED : Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 99 IR 29 WorkCover Authority of New South Wales (Inspector Farrell) v David Carl Schrader (2002) 112 IR 284 HEARING DATES: 08/03/2004 DATE OF JUDGMENT: 08/03/2004
PROSECUTION: Mr M Scott of counsel SOLICITOR: Crown Solicitors Office LEGAL REPRESENTATIVES: DEFENDANT: Mr D Mockler Stewart Cuddy & Mockler
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