NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: WorkCover Authority of New South Wales (Inspector Gregory) v BlueScope Steel Limited formerly known as BHP Steel Limited trading as BHP Steel Limited Lysaght Building Industries [2006] NSWIRComm 14
PROSECUTOR: WorkCover Authority of New South Wales PARTIES: (Inspector Gregory)
DEFENDANT: BlueScope Steel Limited formerly known as BHP Steel Limited t/as BHP Steel Limited Lysaght Building Industries
FILE NUMBER(S): IRC 2885 of 2005
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - plea of guilty - general principles - objective seriousness of the offence - foreseeability - general and specific deterrence - defendant has prior convictions - subjective features taken into consideration - penalty imposed - orders as to penalty, moiety and costs.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v The Queen [2005] HCA 25: 18 May 2005 CASES CITED: R v Gallagher (1991) 23 NSWLR 220 R v Way [2004] NSWCCA 131 R v Thomspon R v Houlton (2000) 49 NSWLR 383 Thorneloe v Filipowski (2001) 52 NSWLR 60
HEARING DATES: 01/02/2006
DATE OF JUDGMENT: 02/01/2006
PROSECUTION: Mr J Rodney SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES: DEFENDANT: Mr S Meehan of counsel Ms K Srdanvic SOLCITORS: Blake Dawson Waldron
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