NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: WorkCover Authority of New South Wales (Inspector Stephen Jones) v Whites Stock Transport Pty Ltd [2006] NSWIRComm 381
PROSECUTION: WorkCover Authority of New South Wales (Inspector Stepen Jones) PARTIES: DEFENDANT: Whites Stock Transport Pty Ltd
FILE NUMBER(S): IRC 6662 of 2005
CORAM: Marks J
CATCHWORDS: OH & S - plea of guilty - particulars confined risk to unsafe trailer as no adequate platform & unsafe ladder permanently fixed- agreed statement of facts tendered - no evidence adduced as to cause of accident - assessment of penalty - defendant following industry practice. HELD: Offence objectively serious - general deterrent & specific deterrent considered - mitigating factors - no application of s 10 Crimes (Sentencing Procedure) Act - penalty imposed.
LEGISLATION CITED: Occupational Health & Safety Act 2000 Crimes (Sentencing Procedure) Act 1999
HEARING DATES: 28/11/2006
DATE OF JUDGMENT: 12/13/2006
Mr P Skinner of counsel SOLICITOR: Ms B Benson Legal Group WorkCover Authority of NSW LEGAL REPRESENTATIVES:
Mr M Joseph SC with Mr D Stanton of counsel SOLICITOR: Mr D Morgan Hallets Solicitors
JUDGMENT:
- 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Marks J
Wednesday, 13 December 2006
Matter No IRC 6662 of 2005
Inspector Stephen Jones v Whites Stock Transport Pty Ltd
Prosecution pursuant to s 8(1) of the Occupational Health and Safety Act 2000
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