NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Ian Blume v Woolworths Limited t/as Woolworths Supermarkets, a division of Woolworths Limited [2002] NSWIRComm 227 PROSECUTOR: Inspector Ian Blume PARTIES : DEFENDANT Woolworths Limited (trading as Woolworths Supermarkets, a division of Woolworths Limited) FILE NUMBER: IRC5982 of 2002 CORAM: Walton J Vice-President CATCHWORDS : Occupational Health and Safety - Plea of guilty - Crushing injury - Failure of safety devices - Failure to maintain safe operation of machinery - Failure to adequately train, instruct and supervise - Reasonable foreseeability - Mitigation - General deterrence - Specific deterrence - Subjective features - Prior Record - Costs - Penalty imposed Occupational Health and Safety Act 1983 LEGISLATION CITED : s15 Occupational Health and Safety Act 2000 Capral Aluminium Ltd v WorkCover Authority of NSW (2000) 49 NSWLR 610 CASES CITED : Inspector Mansell v Orica Australia Pty Limited [2002] NSWIRComm 155 Inspector Jose Barbosa v Newstart 150 Pty Ltd t/as Stylewise Interiors [2002] NSWIRComm 64 R vThomson (2000) 49 NSWLR 383 HEARING DATES: 08/05/2002 EXTEMPORE JUDGMENT DATE : 08/05/2002
PROSECUTOR Mr P Punch Carroll & O'Dea Solictors
LEGAL REPRESENTATIVES: DEFENDANT Mr P Morris of counsel SOLICITOR T Crisafulli Moray & Agnew, Solicitors
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