NSW Caselaw
Industrial Court of New South Wales
CITATION: Morrison v Perilya Broken Hill Limited [2007] NSWIRComm 115
PROSECUTOR: Rodney Morrison PARTIES: Department of Primary Industries (formerly Department of Mineral Resources)
DEFENDANT: Perilya Broken Hill (ACN 099 761 289)
FILE NUMBER(S): 6864 of 2004
CORAM: Marks J
CATCHWORDS: Occupational Health and Safety Act 2000 s8(1) - death of employee - guilty plea at earliest opportunity - deficiencies in defendant's procedures in operation of the cage - strong commitment to occupational health and safety matters - awareness of need to comply with obligations to employees created by the Act - assessment of objective seriousness of the offence - deterrent effect of penalties - comprehensive steps taken to ensure incident is not repeated - cooperation with prosecutor in investigations - expression of remorse and contrition - no prior convictions for OH&S breaches - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 Crimes (Sentencing Procedure) Act 1999
HEARING DATES: 14 August, 7 December 2006, 10 May 2007
DATE OF JUDGMENT: 8 June 2007
PROSECUTOR Mr P Strickland SC Mr D O'Neil of counsel SOLICITORS: Crown Solicitors Ms J Burton LEGAL REPRESENTATIVES: DEFENDANT Mr B Hodgkinson SC Mr M Shume of counsel SOLICITORS: Sparke Helmore Ms J Flitcroft
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