NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Ken Kumar v David Aylmer Ritchie [2006] NSWIRComm 384
PROSECUTOR: Inspector Ken Kumar PARTIES: DEFENDANT: David Aylmer Ritchie
FILE NUMBER(S): IRC 150 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - s 26(1) - director and Group CEO found guilty in contested proceedings - diversity of Group's business interests - specialist container wash operation - use of combustible chemicals - explosion results in death of employee - comprehensive failure of safety system - serious breach established - general deterrence considered - specific deterrence of little significance - defendant resident in New Zealand - no intention to engage in similar high risk enterprise in future - substantial steps taken after accident to address risk to safety - flaws demonstrated in otherwise established system of safety - parity in sentencing - differences in roles of two directors - culpability very similar despite differences in roles - no previous convictions - good record and good citizenship demonstrated - contrition and co-operation with authorities - defendant unlikely to offend again - penalty imposed
Inspector Kumar v David Alymer Ritchie [2006] NSWIRComm 323 CASES CITED: Inspector Kumar v John Julian Rose [2006] NSWIRComm 325 Inspector Kumar v Owens Containers Services Pty Ltd [2006] NSWIRComm 324 Inspector Page v Walco Hoist Rentals Pty Ltd [2000] 99 IR 163
HEARING DATES: 6/12/2006 EXTEMPORE JUDGMENT DATE: 12/06/2006
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