NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Inspector Colin Price v Hunter Galvanizing Pty Limited; Inspector Colin Price v Kerry Bartholomew [2006] NSWIRComm 43
Prosecutor Inspector Colin Price
PARTIES: First defendant Hunter Galvanizing Pty Limited (ACN 097 401 575)
Second defendant Kerry Bartholomew
FILE NUMBER(S): 1431 and 1435 of 2005
CORAM: Backman J
CATCHWORDS: Occupational health and safety - sentencing of corporate defendant and individual defendant under s 8(1) and ss 8(1) and 26(1) of the Occupational Health and Safety Act 2000 - pleas of guilty - objective seriousness of offences considered by reference to youth and inexperience of two workers injured in a workplace accident - reasonable foreseeability of risk to safety - deterrence - availability of simple remedial steps - likely consequences of breach as indicative of objective seriousness - existence of safe systems prior to offences - maximum penalty - respective culpabilities - absence of prior convictions - early pleas of guilty - contrition and remorse - cooperation - post-offence measures - commitment to the two injured workers - second defendant's capacity to pay a fine - penalty - orders
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610 Inspector Stephen Charles v Port Kembla Copper [2005] NSWIRComm 54 Maddaford v CSR Limited and Mulgoa Quarries [2004] NSWIRComm 337 Manpac Industries Pty Ltd formerly (t/as Pacific Concrete & Quarries Pty Ltd) v WorkCover Authority of NSW (Inspector Glass) (2001) 106 IR 435 Morrison v Powercoal Pty Ltd (2003) 130 IR 364 CASES CITED: R v Thompson R v Houlton (2000) 49 NSWLR 383 115 A Crim R 104 Winchester (1992) 50 A Crim R 345 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonalds Australian Limited and Another (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Page) v Hoist Rentals Pty Limited (No 2) (2000) 99 IR 163
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