Morrison v P & H Minepro Australasia Pty Ltd [2009] NSWIRComm 144

Industrial Court of New South Wales

CITATION: Morrison v P & H Minepro Australasia Pty Ltd [2009] NSWIRComm 144

Rodney Dale Morrison (Prosecutor) PARTIES: P & H Minepro Australasia Pty Ltd (Defendant)

FILE NUMBER(S): IRC365 of 2008; IRC366 of 2008

CORAM: Boland J President

OCCUPATIONAL HEALTH AND SAFETY – sentencing – prosecutions under s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 – mining industry – crush injury, broken bone, severing of digit and bruising – guilty plea – use of heavy and large machinery – defendant performing work at mine site – inadequate risk assessment and systems – foreseeable risk of injury – remedial steps – objective and subjective factors in sentencing – utilitarian value of guilty plea – contrition and remorse – principle of totality – penalties imposed – costs – moiety to the prosecutor. CATCHWORDS: SENTENCING – occupational health and safety – prosecutions under s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 – mining industry – crush injury, broken bone, severing of digit and bruising – guilty plea – use of heavy and large machinery – defendant performing work at mine site – inadequate risk assessment and systems – foreseeable risk of injury – remedial steps – objective and subjective factors in sentencing – utilitarian value of guilty plea – contrition and remorse – principle of totality – penalties imposed – costs – moiety to the prosecutor.

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes (Sentencing Procedure) Amendment Act 2007 Criminal Procedure Act 1986 Occupational Health and Safety Act 2000