NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Stephen Cooper v Franklin Alden Coveney and Another [2008] NSWIRComm 80
PROSECUTOR: Inspector Stephen Cooper PARTIES: DEFENDANTS: Franklin Alden Coveney Terry Donald Whyte
FILE NUMBER(S): IRC 3411; 3412; 3413; 3414 of 2006
CORAM: Backman J
CATCHWORDS: Occupational health and safety - Occupational Health and Safety Act 2000 - s 8(1), s 8(2) and s 26(1) OHS Act 2000 - pleas of guilty entered by directors of corporation - fatal accident involving boom of crane coming into contact with overhead power lines at work site - the risk to safety and foreseeability of the risk - general deterrence - specific deterrence - consequences of breaches of OHS Act 2000 - system in place prior to offences - subjective factors - respective culpabilities - respective capacities to pay a fine - victim impact statements - exercise of discretion under s 10 considered - penalty - totality - costs - orders.
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Migration Act 1958 (Cth) Occupational Health and Safety Act 2000
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Crown in Right of the State of New South Wales (Department of Education and Training) v Keenan (2001) 105 IR 181 Department of Mineral Resources (Chief Inspector McKensey) v Berrima Coal Pty Ltd and Another (2001) 105 IR 348 Inspector Ken Kumar v Donald William Steel [2005] NSWIRComm 215 CASES CITED: Ridge Consolidated Pty Ltd v WorkCover Authority of New South Wales (Inspector Mauger) (2002) 115 IR 78 WorkCover Authority (NSW) (Inspector Jones) v Challita (2006) 153 IR 409 WorkCover Authority of New South Wales (Inspector Downie) v Menzies Property Services Pty Ltd (2004) 136 IR 449 WorkCover Authority of New South Wales (Inspector Farrell) v Morrison (No 2) (2002) 112 IR 312 WorkCover Authority of New South Wales v Hitchcock (2005) 139 IR 439 WorkCover Authority of NSW (Inspector Egan) v ATCO Controls Pty Limited (1998) 82 IR 80
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