NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Martin v Russell Larkham [2003] NSWIRComm 31 PROSECUTOR Inspector Ken Martin PARTIES : DEFENDANT Russell Larkham FILE NUMBER: IRC 1280 of 2002 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Section 19 (a) of the Occupational Health and Safety Act - Plea of guilty - Employee sustained injuries when attempting to stop unmanned moving vehicle - Hand brake on work truck defective - Faulty hand brake known for approximately two months prior to accident - Defendant's employer had no system for actioning reported defects of plant or equipment - Defendant failed in his duty to take reasonable care - Offence proven - Penalty imposed Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Occupational Health and Safety Act 1983 Supreme Court (Summary Jurisdiction) Act 1967 CASES CITED : Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610, 99 IR 29 WorkCover Authority of New South Wales (Inspector Gordon) v Gregory Ronald Wallis (unreported, matter no. CT 1011 of 1995, 14 August 1996) HEARING DATES: 12/02/2002 DATE OF JUDGMENT: 02/18/2003
PROSECUTOR Ms L McManus of counsel Solicitor: Mr G Phillips Carroll & O'Dea LEGAL REPRESENTATIVES: DEFENDANT Solicitor: Ms K Davies Henry Davis York
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