NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Andrew Rowe v Stephensons Cranes Pty Ltd and Soltau (No 2) [2010] NSWIRComm 124
Inspector Andrew Rowe of WorkCover Authority of New South Wales (Prosecutor) PARTIES: Stephensons Cranes Pty Ltd (First Defendant) Richard Gordon Soltau (Second Defendant)
FILE NUMBER(S): IRC 218 ; IRC 220 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY – breach of s 8(2) of the Occupational Health and Safety Act 2000 by the corporate defendant – personal defendant charged with breach of s 20(1) – pleas of guilty – elements of the offences – particulars of the charges – causal nexus not established – inadequate risk assessment – general and specific deterrence – mitigating factors – relative culpability – contrition and remorse – prior conviction – monetary penalty imposed on corporate defendant – s10A Fines Act applied to personal defendant – publication order
LEGISLATION CITED: Fines Act – s 10A Occupational Health and Safety Act 2000 – s 3, s 8(2), s 20(1), s 115
HEARING DATES: 15 July 2010 and 23 August 2010 (written submissions)
DATE OF JUDGMENT: 3 September 2010
Mr D Chin of counsel (Prosecutor) Solicitor: Legal Group LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales
Mr D Murray, solicitor (Defendant) of AiGroup Legal
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Friday 3 September 2010
Matter No IRC 218 & 220 of 2009
Inspector Andrew Rowe v Stephensons Cranes Pty Ltd and Richard Gordon Soltau (No 2)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate