Inspector Melissa Chaston v Sacco Builders Pty Ltd and Others [2008] NSWIRComm 152

Industrial Court of New South Wales

CITATION: Inspector Melissa Chaston v Sacco Builders Pty Ltd and Others [2008] NSWIRComm 152 This decision has been amended. Please see the end of the judgment for a list of the amendments.

PROSECUTOR: Inspector Melissa Chaston

PARTIES: DEFENDANTS: Sacco Builders Pty Ltd Kaydee Engineering Pty Ltd James Wilfred Cunningham

FILE NUMBER(S): IRC 929; 931 and 934 of 2007

CORAM: Backman J

CATCHWORDS: Occupational health and safety - Occupational Health and Safety Act 2000 - s 8(1), s 8(2) and s 26 - pleas of guilty entered by each defendant - fatal accident involving boom lift of crane while working at height - fatally injured worker a trainee - the risk to safety and forseeability of the risk - general deterrence - specific deterrence - consequences of breaches - systems in place prior to offences - respective culpabilities - subjective factors - relevance of changed adverse personal and emotional circumstances of a defendant directly arising from the circumstances of the accident - capacity to pay a fine - victim impact statements - penalty - orders

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Fines Act 1996 Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001

Inspector Aldred v Herbert and others [2007] NSWIRComm 170 Inspector Stephen Cooper v Franklin Alden Coveney and Another [2008] NSWIRComm 80 CASES CITED: WorkCover Authority (NSW) (Inspector Jones) v Challita (2006) 153 IR 409 WorkCover Authority of New South Wales (Inspector Downie) v Menzies Property Services Pty Ltd (2004) 136 IR 449 WorkCover Authority of New South Wales (Inspector Patton) v Fletcher Constructions Australia Ltd (2002) 123 IR 121