NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Valdis Leinasars v Garry Owen Wilson [2006] NSWIRComm 317
PROSECUTOR: Inspector Valdis Leinasars PARTIES: DEFENDANT: Garry Owen Wilson
FILE NUMBER(S): IRC 1207 of 2006
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - ss 8(1) & 26(1) - plea of guilty by director - working at height in demolition task - provision of harness rendered ineffectual by unsafe system of work - failure to enforce existing safety system - reliance on experienced supervisor - failure to properly instruct and supervise - injured worker rendered paraplegic - serious breach - failure of business - limited financial means and strict licensing requirements in new job not sufficient to warrant exercise of discretion under s 10 Crimes (Sentencing Procedure) Act 1999 - early plea and subject factors considered - penalty imposed
CASES CITED: Inspector Cooper v Quik-Seal Pty Ltd and anor [2006] NSWIRComm 48)
HEARING DATES: 25/09/2006
DATE OF JUDGMENT: 10/03/2006
PROSECUTOR: Mr D Chin of counsel SOLICITORS: Ms E Liddell WorkCover Authority, LEGAL REPRESENTATIVES: Legal Group
DEFENDANT: Mr D Wetmore of counsel
JUDGMENT:
- 10 - INDUSTRIAL COURT OF NEW SOUTH WALES CORAM: Haylen J 3 October 2006
Matter No IRC 1207 of 2006 INSPECTOR VALDIS LEINASARS v GARRY OWEN WILSON Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 by virtue of s 26(1) of the Occupational Health and Safety Act 2000 JUDGMENT [2006] NSWIRComm 317
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