NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Suliman v Favelle Favco Cranes Pty Ltd [2003] NSWIRComm 150 PROSECUTOR: Inspector Yousif Suliman PARTIES : DEFENDANT: Favelle Favco Cranes Pty Ltd FILE NUMBER: IRC No 7324 of 2001 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 1983 - s 15(1) - collapse of crane on test pad - plea of guilty entered to amended summons - heavy industry involving number of employees - objective seriousness of breach established - requirement for both general and specific deterrence - discount allowed for subjective elements - plea entered at an early stage after summons amended - co-operation with prosecuting authority and good corporate citizenship taken into account - financial circumstances of defendant considered -impecuniosity not argued - offence found proved - penalty imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 s 15(1)
CASES CITED : Capral Aluminium v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 HEARING DATES: 04/07/2003 DATE OF JUDGMENT: 05/15/2003
PROSECUTOR: Mr M P Cahill of counsel SOLICITORS: Mr N A Correy Moray & Agnew LEGAL REPRESENTATIVES:
DEFENDANT: Mr M Scott of counsel SOLICITOR: Mr L Lozina Dibbs Barker Gosling
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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