NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Alan Jeffrey Broomham v Radenko Maletic [2007] NSWIRComm 108
PROSECUTOR: Inspector Alan Jeffrey Broomham PARTIES: DEFENDANT: Radenko Maletic
FILE NUMBER(S): IRC 3354 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 20(1) - project manager on building site - participated in dismantling of a new type of self-erecting tower crane at direction of builder - neither builder nor project manager qualified to dismantle crane - project manager arranges for specialist to dismantle crane - arrangements cancelled at direction of builder - crane crashes during dismantling - plea of guilty entered - numerous steps taken to address operation of new type of crane and its dismantling - long history in building industry without prior convictions - breach accepted as being serious - strong subjective and mitigating factors - proper case for exercise of discretion under s 10 Crimes (Sentencing Procedure) Act 1999
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
Inspector Allan Broomham v Sebastian Builders and Developers Pty Ltd; Francisco Sebastian; Franco Crane Hire Pty Ltd [2007] NSWIRComm 107 CASES CITED: Inspector Cooper v Kwik-Seal Pty Ltd & anor [2006] NSWIRComm 48 at [39] et seq Thorneloe v Filipowski (2001) 52 NSWLR 60
HEARING DATES: 26/04/07
DATE OF JUDGMENT: 14 May 2007
PROSECUTOR: Mr P Skinner of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES:
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