NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Ron Spence v Allam Homes Pty Ltd and Inspector Ron Spence v Mehrban Allam [2008] NSWIRComm 249
PROSECUTOR: Inspector Ron Spence
DEFENDANTS: Allam Homes Pty Ltd and Mehrban Allam
PARTIES:
FILE NUMBER(S): IRC 1336 and 1337 of 2008
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(2), s 26(1) - corporation and managing director enter guilty pleas - residential building work conducted by sub-contractors - use of specialist void protection system - void protection system dismantled and re-erected by workmen delivering gyprock to site - workmen not trained in dismantling and re-erection of specialist equipment - void protection system fails and sub-contracted carpenter falls over 2 metres - serious breach established - significant injuries - early pleas entered and discount allowed - general and specific deterrence - first offenders - good corporate citizens - steps taken to address risk exposed by accident - contrition - managing director recipient of Order of Australia - good citizenship not in doubt - circumstances surrounding offence operate to exclude granting of order under s 10 of Crimes (Sentencing Procedure) Act 1999 - fines imposed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 10
CASES CITED: Cahill v State of New South Wales (Department of Community Services) (No 4) [2008] NSWIRComm 201 at 62 Cummins J in DPP v Esso Australia [2001] VSC 263; (2001) 124 A Crim R 200
HEARING DATES: 15 December 2008
DATE OF JUDGMENT: 19 December 2008
PROSECUTOR: Ms P McDonald of counsel SOLICITORS: WorkCover Authority of NSW Legal Group (Ms K Longin)
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