NSW Caselaw
Industrial Court of New South Wales
CITATION: Rodney Morrison v Anglo Coal (Dartbrook Management) Pty Ltd [2008] NSWIRComm 172
Prosecutor: PARTIES: Rodney Morrison Defendant: Anglo Coal (Dartbrook Management) Pty Ltd
FILE NUMBER(S): IRC1013 of 2007
CORAM: Kavanagh J
CATCHWORDS: Prosecution - breach of s8(2) of the Act - corporate defendant - coal mining operation - electrical maintenance of coal preparation plant - part of switchroom isolated - part of switchroom live - warning tags, tape discarded - when bus tie breaker taken out - cubicle cleaned - electrical shock - injury - failure to adapt risk-assessment - reasonable foreseeability - general and specific deterrence - parity - contribution - offence proven - previous offences against the Act - penalty imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority of NSW (2000) 49 NSWLR 601 CASES CITED: Inspector Jelley v Lanza Management Pty Ltd and Guiliano Lanza [2008] NSWIRComm 125 Markarian v R (2005) 215 ALR 213 R v Thomson; R v Houlton (2000) 49 NSWLR 383
HEARING DATES: 21/04/08,15/05/08,27/05/08,6/08/08
DATE OF JUDGMENT: 24 September 2008
Prosecutor: Mr P.M. Skinner of counsel Solicitors: Ms M. Rizzo Crown Solicitor's Office LEGAL REPRESENTATIVES:
Defendant: Mr M.F. Holmes QC and Mr S. Meehan of counsel Solicitors: Mr S. Nettleton Blake Dawson
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