NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Michael Kent v Sherrin Hire Pty Limited [2005] NSWIRComm 356
PROSECUTOR: Inspector Michael Kent
PARTIES: DEFENDANT: Sherrin Hire Pty Ltd (ACN 007 741 942)
FILE NUMBER(S): IRC 4720 of 2004
CORAM: Schmidt J
Occupational Health and Safety - prosecution under section 11 of the Occupational Health and Safety Act 2000 - equipment hire business - supplier of machine - early plea of guilty - injury sustained by an electrical linesman - primary cause of risk was due to design of machine - general and specific deterrence - mitigation - contrition - defendant found guilty - penalty imposed CATCHWORDS:
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 2000
Inspector Brett Martin v Encore Tissue Pty Limited [2005] NSWIRComm 271 Nesmat Pty Limited v WorkCover Authority of NSW (1998) 87 IR 312 CASES CITED: WorkCover Authority of New South Wales (Inspector Mulder) v Arbor Products International (Australia) Pty Ltd (2001) 105 IR 81
HEARING DATES: 09/05/2005
DATE OF JUDGMENT: 10/07/2005
PROSECUTOR: Mr D Chin of counsel SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES:
DEFENDANT: Ms W Thompson of counsel SOLICITORS: Home Wilkinson Lowry
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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