NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Webster v Kogan [2009] NSWIRComm 50
PROSECUTOR WorkCover Authority of New South Wales PARTIES: DEFENDANT Leonid Kogan
FILE NUMBER(S): IRC 1078 of 2008
CORAM: Marks J
CATCHWORDS: OHS prosecution - plea of guilty - defendant director of corporation which was guilty of breach of same act - ultimate responsibility for provision of safety structures reposed in the corporation - number of deficiencies - most serious offence - danger working on building site at a height of about six meters without adequate safety measures - deterrent effect - mitigating factors - guilty plea at earliest opportunity - expression of contrition and remorse - taken positive steps to enhance compliance - no prior conviction - penalty imposed.
LEGISLATION CITED: Occupational Health and Safety Act s10, s26
HEARING DATES: 17 November 2008, 9 March 2009
DATE OF JUDGMENT: 29 April 2009
PROSECUTOR Mr C Magee of counsel Solicitor Legal Group WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: Ms A Wong
DEFENDANT Mr M Shume of counsel Solicitor Middletons Mr D Sloan
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Wednesday 29 April 2009
Matter No IRC 1078 of 2008
Inspector David Webster v Leonid Kogan
Prosecution under s 10(1) by virtue of s 26(1) of the Occupational Health and Safety Act 2000
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