NSW Caselaw
Industrial Court of New South Wales
CITATION: Rodney Morrison v Powercoal Pty Ltd [2006] NSWIRComm 157
Prosecutor: PARTIES: Rodney Morrison Defendant: Powercoal Pty Ltd
FILE NUMBER(S): IRC3076 of 2001
CORAM: Kavanagh J
CATCHWORDS: OHS Act s15(1) - mining work – steel drift haulage rope attached to dolly car - employees being lifted to the surface - steel rope snapped - knowledge of defendant - failure to maintain and/or replace defective rope - foreseeability of breach - no prior convictions at the time of incident - plea - penalty
LEGISLATION CITED: Occupational Health and Safety Act 1983 Crimes (Sentencing Procedure) Act 1999
Capral Aluminium Limited v WorkCover Authority of NSW (2000) 99 IR 290 Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (Inspector James Swee Ch'ng) (1999) 90 IR 464 CASES CITED: Markarian v R (2005) 215 ALR 213 Morrison v Powercoal Pty Ltd (No 3) (2005) 147 IR 117 R v Thomson; R v Houlton (1999-2000) 49 NSWLR 383; and 2000 115 A Crim R 104
HEARING DATES: 27/03/06
DATE OF JUDGMENT: 05/25/2006
Prosecutor: Mr R. Burbidge QC with Mr I. Taylor of counsel Solicitor: Crown Solicitor's Office LEGAL REPRESENTATIVES:
Defendant: Mr R.J. Buchanan QC with Mr M. Shume of counsel Solicitor: Sparke Helmore
JUDGMENT:
- 24 - INDUSTRIAL COURT OF NEW SOUTH WALES
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