Inspector John Patton v Bi-Lo Pty Limited and Another [2010] NSWIRComm 38

Industrial Court of New South Wales

CITATION: Inspector John Patton v Bi-Lo Pty Limited and Another [2010] NSWIRComm 38

PROSECUTOR: WorkCover Authority of New South Wales

PARTIES: FIRST DEFENDANT: Bi-Lo Pty Limited

SECOND DEFENDANT: Fidoto Pty Limited

FILE NUMBER(S): IC 150 of 2008; IC 151 of 2008; IC 153 of 2008

CORAM: Backman J

Bi-Lo Pty Limited - occupational health and safety - Occupational Health and Safety Act 2000 - s 8(1) and s 8(2) pleas of guilty - fall from height - risk to safety particularised as risk of falling either from tray of truck or from dock loading hoist - worker injured after falling about 1.2 metres onto concrete floor - objective factors considered - s 21A(2)(m) of Crimes (Sentencing Procedure) Act 1999 (CSPA) considered and held not to apply - other subjective factors considered - totality - penalty - costs CATCHWORDS: Fidoto Pty Limited - occupational health and safety - Occupational Health and Safety Act 2000 - s 8(1) plea of guilty - risk of fall from height - risk to safety particularised as risk of falling either from tray of truck or from dock loading hoist - worker injured after falling about 1.2 metres onto concrete floor - objective factors considered - subjective factors considered - respective culpabilities of two defendants considered - penalty - costs

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Inspector Robert Johnston v Hire N' Higher Scaffolding Pty Ltd; Inspector Robert Johnston v Lipman Pty Ltd [2006] NSWIRComm 103 R v Gamble (1983) 3 NSWLR 356 R v McNaughton (2006) 66 NSWLR 566 CASES CITED: R v Tadrosse (2005) 65 NSWLR 740 R v Walker [2005] NSWCCA 109 South Sydney Junior Rugby League Club Ltd v WorkCover Authority of NSW (Inspector Bestre) (2005) 142 IR 373 Veen v The Queen (No. 2) (1988) 164 CLR 465 WorkCover Authority of NSW v DHL Exel Supply Chain (Australia) Pty Ltd; WorkCover Authority of NSW v McGill Holdings Pty Ltd; WorkCover Authority of NSW v DTC Pty Ltd [2007] NSWIRComm 14