NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Webster v Proline Pumping Pty Ltd [2009] NSWIRComm 54
PROSECUTOR WorkCover Authority of New South Wales PARTIES: DEFENDANT Proline Pumping Pty Ltd
FILE NUMBER(S): IRC 1073 of 2008
CORAM: Marks J
CATCHWORDS: OHS prosecution - defendant failed to ensure health, safety and welfare at work of all employees - guilty plea - penalty - current directors acquired shares after date of the incident - company no longer holds assets and is no longer trading - offence is of a most serious kind - inherent danger - mitigating factors - guilty plea entered at earliest opportunity - co-operated with investigations - expression of contrition and remorse from then director - general deterrent effect of penalty - no point considering specific deterrent effect on defendant - application of s10 of Crimes (Sentencing Procedure) Act 1999 - no utility in imposing any penalty or recording formal conviction - current directors played no part in conduct of defendant that gave rise to proceedings - directors seeking to deregister company - company has no assets and would be unable to meet penalty - defendant found guilty of the offence charged, but charge directed to be dismissed.
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s10 Occupational Health and Safety Act 2000 s8
HEARING DATES: 17 November 2008, 9 March 2009
DATE OF JUDGMENT: 29 April 2009
PROSECUTOR Mr C Magee of counsel Solicitor Legal Group WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: Ms A Wong
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