NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Davidson v St Mary's Tyre Service (NSW) Pty Ltd [2008] NSWIRComm 226
PROSECUTOR PARTIES: WorkCover Authority of New South Wales DEFENDANT St Mary's Tyre Service (NSW) Pty Ltd
FILE NUMBER(S): IRC 258 of 2008
CORAM: Marks J
CATCHWORDS: OHS prosecution - guilty plea - penalty - employee killed while performing a task that he was not asked to do - at time of incident defendant did not have formal procedure in place to ensure employees were adequately instructed and trained about risk of injury - no evidence that victim was given training and instruction - breach of provisions of Act regarded as objectively serious - no prior conviction - general deterrent effect of penalty on employers in the industry and on the defendant - mitigation - defendant expressed contrition and remorse - defendant cooperated fully with WorkCover and complied with prohibition notices - demonstrated positive commitment to enhancing compliance with obligations under the Act - guilty plea entered at earliest reasonable opportunity - penalty imposed with moiety to prosecutor
LEGISLATION CITED: Occupational Health and Safety Act 2000
HEARING DATES: 11 & 17 November 2008
DATE OF JUDGMENT: 2 December 2008
PROSECUTOR Mr M Cahill of counsel Solicitor Ms B Benson Legal Group LEGAL REPRESENTATIVES: WorkCover Authority
DEFENDANT Mr M Shume of counsel Solicitor Mr G Phillips Middletons
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