NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Mark Barber v Allan Murphy and Another [2010] NSWIRComm 83
Inspector Mark Barber (Prosecutor)
PARTIES: Allan Murphy (First defendant)
Young Roller Flour Mill Co Ltd [ACN 000 001 963] (Second defendant)
FILE NUMBER(S): 499 of 2009; 500 of 2009
CORAM: Backman J
CATCHWORDS: Occupational health and safety - Occupational Health and Safety Act 2000 - pleas of guilty by corporate defendant and director - accident involving inadequately guarded machine in which a senior employee suffered significant injuries to his right arm - failure of senior employee to follow corporate defendant's procedures for isolating power supply to the machine before removing guard - whether risk to safety reasonably foreseeable - systems in place prior to offence - other objective factors considered and taken into account - subjective factors considered and taken into account - penalties - orders
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Inspector Colin Wall v Orica Australia Pty Limited [2009] NSWIRComm 146 CASES CITED: Inspector Craig Hall v Lloyd A Cooper Pty Ltd [2009] NSWIRComm 142 Riley v Australian Grader Hire Pty Ltd (2001) 103 IR 143
HEARING DATES: 10 November 2009
DATE OF JUDGMENT: 30 June 2010
Mr P Ginters (Prosecutor) WorkCover Authority of New South Wales (Ms F Miller) LEGAL REPRESENTATIVES: Mr R Crow (Defendants) Workplace Law (Ms A Koelmeyer)
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