Lewis v The Crown in the Right of the State of New South Wales (Department of Juvenile Justice) [2006] NSWIRComm 8

Industrial Relations Commission of New South Wales

CITATION: Lewis v The Crown in the Right of the State of New South Wales (Department of Juvenile Justice) [2006] NSWIRComm 8

PROSECUTOR Inspector Lewis PARTIES: DEFENDANT The Crown in the Right of the State of New South Wales (Department of Juvenile Justice)

FILE NUMBER(S): IRC 6154 & 6155 of 2004

CORAM: Boland J

CATCHWORDS: Occupational health and safety - Prosecutions under s 8(1) of Occupational Health and Safety Act 2000 - Juvenile justice - Pleas of guilty - Youth officers threatened by detainees - Detainees gained access to tools that were used as weapons - Failure to provide safe system of work - Relevant considerations in sentencing - Comparative seriousness of offences - Relevance of general deterrence - Principle of totality - Victim impact statement - Penalties imposed

Children (Detention Centres) Act 1987 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000

Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 99 IR 29 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Inspector Yeung v Howie Herring & Forsyth Limited & Anor [2005] NSWIRComm 266 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 CASES CITED: Markarian v R (2005) 215 ALR 213 Morrison v Power Coal Pty Limited (No. 3) [2005] NSWIRComm 61 Rodney Morrison v Powercoal Pty Limited (2003) 130 IR 364 WorkCover (Inspector Stewart) v The Crown in Right of the State of New South Wales (Department of Education and Training, Department of Juvenile Justice and the Technical and Further Education Commission) (2002)118 IR 207 WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New (2004) 137 IR 33 WorkCover Authority of New South Wales v Waugh (1995) 59 IR 89