NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Martin v Abigroup Contractors Pty Ltd [2009] NSWIRComm 110
PROSECUTOR Inspector Brett Martin PARTIES: DEFENDANT Abigroup Contractors Pty Ltd
FILE NUMBER(S): IRC 1912 of 2008
CORAM: Staff J
CATCHWORDS: Occupational health and safety - Road construction industry - Concrete placer-spreader machine contact with tailgate of tipper truck - Driver of tipper truck sustained fatal crush injuries - Obvious risk to safety - Aggravating factors - Mitigating factors - General deterrence - Specific deterrence - Subjective considerations - Previous convictions - Guilty plea - Penalty imposed - Costs
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health & Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610; 99 IR 29 Corinthian Industries (Sydney) Pty Ltd v WorkCover Authority of New South Wales (Inspector Wilson) (2000) 99 IR 159 Higgins v Avoca Estate Agency Pty [1999] NSWIRComm 559 CASES CITED: Inspector Mayell v Bilfinger Berger Services - Roads Pty Limited (formerly known as Abi Road Maintenance Pty Limited) and Another [2009] NSWIRComm 10 Morrison v Coal Operations Australia Ltd (No 2) (2005) 141 IR 465 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Veen v The Queen (No 2) (1988) 164 CLR 465
HEARING DATES: 11 June 2009
DATE OF JUDGMENT: 10 July 2009
PROSECUTOR Ms P McDonald of counsel WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT Mr BD Hodgkinson SC Deacons Lawyers
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