NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Patton v Bluescope Steel (AIS) Pty Limited [2006] NSWIRComm 283
PROSECUTOR: Inspector John Patton PARTIES: DEFENDANT: Bluescope Steel (AIS) Pty Limited (ACN 000 019 625)
FILE NUMBER(S): IRC 5335 and 5336 of 2005
CORAM: Schmidt J
CATCHWORDS: Occupational Health and Safety - prosecutions under section 8(1) and section 8(2) of the Occupational Health and Safety Act 2000 - steelworks - gas leak - blast furnace operations - carbon monoxide poisoning - question of penalty - subjective factors - general deterrence - defendant's record must be taken into account - considerable remorse and contrition shown - early plea entered - discount - principle of totality applied - defendant found guilty of charges - penalty imposed - moiety to prosecutor - costs
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610 Crown in Right of State of NSW (Dept of Education & Training) v Keenan [2001] NSWIRComm 106 CASES CITED: Inspector Brett Martin v Encore Tissue Pty Limited [2005] NSWIRComm 271 Inspector David Waterhouse v Innovative Property Developments Pty Ltd and Others [2006] NSWIRComm 97 Inspector Ian Lancaster v BHP Steel (AIS) Pty Ltd [2001] NSWIRComm 261 Regina v Darrell Terry McNaughton [2006] NSWCCA 242
HEARING DATES: 23/08/06
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