NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Raj Garg v Consolidated Extrusions Management Pty Ltd [2006] NSWIRComm 231
PROSECUTOR: Inspector Raj Garg PARTIES: DEFENDANT: Consolidated Extrusions Management Pty Ltd.
FILE NUMBER(S): IRC 1137 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - plea of not guilty entered and ten hearing days set - one month before hearing defendant changes plea to guilty to an Amended Application for Order - defendant engaged in manufacture and distribution of alloy extrusions - hot metal spill followed by explosion and fire - heavy metal plate hits roof of factory - emergency procedures followed - no injuries result - existing system deals with usual hot metal spills but latest incident involves unusual spill not able to be contained by existing methods - modified guard introduced after spill - procedures enforced to ensure temperature of metal tested before pour begins - serious breach established - defendant closes operation with no intention to recommence manufacturing - general deterrence considered - no appropriate role for specific deterrence - detailed existing system of safety - discount for utilitarian value of plea - numerous subjective factors - prior conviction concerning different aspect of operation - penalty imposed
CASES CITED: Veen v Queen (No 2) (1988) 164 CLR 465 Weineger v Queen (2003) 212 CLR 629
HEARING DATES: 10/07/2006 EXTEMPORE JUDGMENT DATE: 07/10/2006
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: Criminal Law Practice WorkCover Authority LEGAL REPRESENTATIVES: Legal Group
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