NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector John Patton v Richard Warren Smith and Another [2010] NSWIRComm 142
Inspector John Patton (Prosecutor) PARTIES: Richard Warren Smith (1st Defendant) Talon Lock Enterprises Pty Ltd (2nd Defendant)
FILE NUMBER(S): 2085 of 2008; 2086 of 2008
CORAM: Backman J
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000
CASES CITED: Inspector John Patton v Darren Paul Mercer [2010] NSWIRComm 111 Inspector John Patton v Romeo Elias Ibrahim and Others [2010] NSWIRComm 109
HEARING DATES: 17/06/2010
DATE OF JUDGMENT: 15 October 2010
Mr Mr Scott of counsel (Prosecutor) WorkCover Authority of NSW (Mr D Hall) LEGAL REPRESENTATIVES: Mr R Smith (self represented) (1st Defendant)
Mr R Smith (2nd Defendant)
JUDGMENT:
- 12 - INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Backman J
Friday, 15 October 2010
Matter No IRC 2085 of 2008
Inspector John Patton v Richard Warren Smith
Prosecution pursuant to section 8(2) by virtue of s 26(1) of the Occupational Health and Safety Act 2000
Matter No IRC 2086 of 2008
Inspector John Patton v Talon Lock Enterprises Pty Ltd (ACN 063 717 359)
Prosecution pursuant to sections 8(2) of the Occupational Health and Safety Act 2000
JUDGMENT OF THE COURT [2010] NSWIRComm 142
Preliminary matters 1 Richard Warren Smith pleaded guilty to an offence under s 8(2) by virtue of s 26(1) of the Occupational Health and Safety Act 2000 (2000 Act). Talon Lock Enterprises Pty Ltd, of which Mr Smith was a director at the time of the offence, pleaded guilty to an offence under s 8(2) of the 2000 Act. 2 The offences concern an incident which occurred at a construction site in Kiama on 18 November 2006 when Mohammed El Gendy, a 24 year old labourer, was crushed by a concrete block wall after it collapsed. Mr El Gendy suffered very serious injuries as a result of the incident which included multiple fractures to the base of his skull. Agreed facts
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