WorkCover Authority of New South Wales (Inspector Reynolds) v RMA Demolitions Pty Limited and Visionstream Pty Limited [2007] NSWIRComm 15

Industrial Court of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Reynolds) v RMA Demolitions Pty Limited and Visionstream Pty Limited [2007] NSWIRComm 15

PROSECUTOR: WorkCover Authority of New South Wales (Inspector Reynolds) PARTIES: DEFENDANTS: RMA Demolitions Pty Limited Visionstream Pty Limited

FILE NUMBER(S): IRC 6207 & 6208 of 2005

CORAM: Staunton J

CATCHWORDS: Occupational health and safety - pleas of guilty - co-defendants but matters dealt with separately - general principles - factual matters in dispute relating to plea entered by Visionstream - foreseeability - objective seriousness of the offence - relative culpability of defendants equal - general and specific deterrence - no prior convictions - reduction in utilitarian value of plea in relation to Visionstream - subjective features taken into consideration - penalty imposed - orders as to penalty, moiety and costs.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v The Queen [2005] HCA 25: 18 May 2005 CASES CITED: R v Gallagher (1991) 23 NSWLR 220 R v Thompson; R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 Thorneloe v Filipowski (2001) 52 NSWLR 60