NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector John Sibilant v Stowe Australia Pty Ltd. Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 [2008] NSWIRComm 119
PROSECUTOR: Inspector John Sibilant PARTIES: DEFENDANT: Stowe Australia Pty ltd
FILE NUMBER(S): IRC 2229 of 2006
CORAM: Haylen J
Occupational Health and Safety Act 2000 - s 8(1) - fatal accident in course of electrical upgrade of telephone exchange - evidence and submission on penalty - objective seriousness of offence accepted by defendant - numerous mitigating circumstances considered - first offender in 98 year corporate history - documented safety system addressed relevant risks but system not enforced - general and specific deterrence necessary considerations in setting appropriate penalty - substantial steps taken following accident - contrition - penalty imposed CATCHWORDS:
CASES CITED: Inspector John Sibilant v Stowe Australia Pty Ltd 2000 [2008] NSWIRComm 42]
HEARING DATES: 17 June 2008
DATE OF JUDGMENT: 24 June 2008
PROSECUTOR Mr M Joseph SC with Mr Naylor of counsel SOLICITORS: WorkCover Authority LEGAL REPRESENTATIVES:
DEFENDANT: Mr I Neil SC with Mr P Moorehouse of counsel SOLICITORS: Toomey Pegg Drevikovsky
JUDGMENT:
- 19 - INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: HAYLEN J 24 June 2008
Matter No IRC 2229 of 2006 INSPECTOR JOHN SIBILANT v STOWE AUSTRALIA PTY LTD Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 JUDGMENT [2008] NSWIRComm 119
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