WorkCover Authority of New South Wales (Inspector Mansell) v Daly Smith Corporation (Aust) Pty Limited and Thomas Edwin Curtis Smith [2005] NSWIRComm 101

Industrial Relations Commission of New South Wales in Court Session

CITATION: WorkCover Authority of New South Wales (Inspector Mansell) v Daly Smith Corporation (Aust) Pty Limited and Thomas Edwin Curtis Smith [2005] NSWIRComm 101

PROSECUTION: WorkCover Authority of New South Wales (Inspector Mansell)

PARTIES: DEFENDANTS: Daly Smith Corporation (Aust) Pty Limited Thomas Edwin Curtis Smith

FILE NUMBER(S): IRC 3374 and 3376 of 2002

CORAM: Staunton J

Penalty:

Specific offences against corporate defendant found established beyond reasonable doubt - general principles and considerations - objective seriousness of the offence - reasonable foreseeability - duties imposed by s 15(1) on labour hire company not diminished by company not being in control of work premises - readily and easily available remediation steps could have been undertaken by corporate defendant before the accident to prevent injury occurring - principle of parity in sentencing - principle that co-offenders should receive the same sentence should not be taken too far - applies if all other things are equal - culpability of respective corporate defendants found to be equal having regard to nature and quality of the offences - principles of general and specific deterrence applicable - no prior convictions - penalty imposed on corporate defendant - personal defendant a person directly involved in the management of the corporation - the exercise of discretion under of s10 of the Crimes (Sentencing Procedure) Act not warranted - penalty imposed on personal defendant. CATCHWORDS: Costs: