NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Yeung v ABC Seamless Pty Ltd [2006] NSWIRComm 121
PROSECUTOR Inspector Thomas Yeung PARTIES: DEFENDANT ABC Seamless Pty Ltd
FILE NUMBER(S): IRC 4320 of 2004
CORAM: Boland J
CATCHWORDS: Occupational Health and Safety - Prosecution under section 8(2) of Occupational Health and Safety Act - Building Industry - Sub Contractor sustained serious injuries as a result of a fall from a ladder - Sub contractor subsequently committed suicide - Whether death to be taken into account in fixing penalty - Plea of guilty entered - First offence - Offence proven - Penalty imposed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Inspector Chadwick v Denbur Constructions Pty Limited [2004] NSWIRComm 195 CASES CITED: Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Markarian v R (2005) 215 ALR 213 Morrison v Powercoal Pty Ltd (2003) 130 IR 364 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and Anor (2000) 95 IR 383
HEARING DATES: 6/03/06
DATE OF JUDGMENT: 04/11/2006
PROSECUTOR Mr P Skinner of counsel Solicitor: Ms N Rouillon Moray & Agnew LEGAL REPRESENTATIVES:
DEFENDANT Mr B Hodgkinson, SC Solicitor: Mr P Punch Carroll & O'Dea
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