Inspector Clothier v Malcolm McIntyre trading as Corambie Pastoral Company and another [2007] NSWIRComm 40

Industrial Court of New South Wales

CITATION: Inspector Clothier v Malcolm McIntyre trading as Corambie Pastoral Company and another [2007] NSWIRComm 40

Prosecutor: Inspector Helen Clothier

PARTIES: First defendant: Malcolm McIntyre trading as Corambie Pastoral Company

Second defendant: Tracy McIntyre trading as Corambie Pastoral Company

FILE NUMBER(S): IRC 5630 and 5631 of 2005

CORAM: Backman J

CATCHWORDS: Occupational health and safety - sentencing under s 10(2) of the Occupational Health and Safety Act 2000 - pleas of guilty entered - contract carrier injured when his hand and arm were pulled into the rotating shaft of an auger which was used to transfer grain from a grain bin - injured contract carrier operated the auger without authorisation - defendants, husband and wife, in partnership operated a farm - auger's moving parts at time of the accident were unguarded - no risk assessment had been done prior to the offences - risk of entanglement obvious, foreseeable and likely to have serious consequences - safety system in place prior to offences seriously deficient - deterrence considered and applied - personal factors considered - application of s 10 Crimes (Sentencing Procedure) Act 1999 considered and rejected - application of s 6 Fines Act 1996 considered - application for order under s 116 of the Act considered and rejected - totality principle applied - penalties - orders

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Fines Act 1996 Justice of the Peace Act 2002 Occupational Health and Safety Act 2000