NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: State of New South Wales (NSW Police) v Inspector Covi [2005] NSWIRComm 303
APPELLANT: State of New South Wales (NSW Police) PARTIES: RESPONDENT: Inspector Paul Covi
FILE NUMBER(S): IRC 197 of 2005
CORAM: Walton J Vice-President; Schmidt J; Backman J
CATCHWORDS: Appeal - occupational health and safety - reasons for judgment - police officer struck by motor vehicle whilst performing speed detection duties - plea of not guilty at first instance - risk under Act - charge encompassed risk of being struck both deliberately and accidentally - risk correctly identified at first instance - novus actus interveniens - causation - causal nexus between risk and failure established - appeal dismissed - appellant ordered to pay costs.
Criminal Appeal Act 1912 LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 1983
Allianz Australia Insurance Limited v GSF Australia Pty Limited [2005] HCA 26 Campbell v The Queen (1981) WAR 286 Crown in the Right of New South Wales (Department of Education and Training) v Maurice O'Sullivan [2005] NSWIRComm 198 Haynes v CI & D Manufacturing Pty Ltd (1994) 60 IR 149 Inspector Covi v The Crown in the Right of the State of New South Wales (NSW Police) [2004] NSWIRComm 128 Inspector Covi v The Crown in the Right of the State of New South Wales (NSW Police) [2004] NSWIRComm 400 Johnson v Miller (1937) 59 CLR 467 O'Sullivan v The Crown in the Right of the State of New South Wales (Department of Education and Training) (2003) 125 IR 361 CASES CITED: Royall v The Queen (1990) 172 CLR 378 South Sydney Junior Rugby League Club Limited v Inspector Bestre [2005] NSWIRComm 116 State Transit Authority of NSW v Guillante (2003) 123 IR 237 WorkCover Authority of New South Wales (Inspector Childs) v Kirk Group Holdings Pty Limited and Anor (2004) 135 IR 166 WorkCover Authority of New South Wales (Inspector Glass) v Kellogg (Aust) Pty Ltd (No 1) (1999) 101 IR 239 WorkCover Authority of New South Wales (Inspector Keelty) v The Crown in the Right of New South Wales (Police Service of New South Wales (No 2) (2001) 104 IR 268 WorkCover Authority of New South Wales (Inspector McMartin) v Broken Hill Pty Co Ltd (1999) 96 IR 32
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