NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Ruth Buggy v William Munton [2005] NSWIRComm 159
PROSECUTOR: Inspector Ruth Buggy
PARTIES: DEFENDANT: William Andrew Munton
FILE NUMBER(S): IRC 5075 of 2004
CORAM: Schmidt J
Occupational Health and Safety - prosecution under s15(1) of the Occupational Health and Safety Act 1983 - defendant operated a livestock transport and rural fencing business - use of a Lyco hydraulically powered fence post driving machine - fatality - no witnesses - early plea entered - first offence - co-operation with prosecutor - prosecutor's costs agreed - deterrence - defendant guilty of charge - penalty imposed - moiety to prosecutor and the prosecutor's costs CATCHWORDS:
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 1983
McColl v John Watson Building Services Pty Ltd and Dowdon Contracting Pty Ltd [2004] NSWIRComm 353 R v Thomson, R v Houlton (2001) 49 NSWLR 383 CASES CITED: Rodney Morrison v Powercoal Pty Limited [2003] NSWIRComm 416
HEARING DATES: 05/04/2005
DATE OF JUDGMENT: 05/18/2005
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: Legal Group WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
DEFENDANT: Mr RS Warren of counsel SOLICITORS: Cunningham & Adam
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