NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector James v Umeda [2009] NSWIRComm 193
Inspector Amanda James of WorkCover Authority of New South Wales (Prosecutor) PARTIES: Hiroshi Umeda (First defendant) Jun Pacific Corporation Pty Ltd (Second defendant)
FILE NUMBER(S): IRC 480; IRC 481 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(1) of the Occupational Health and Safety Act 2000 by the corporate defendant - personal defendant deemed guilty by s 26(1) - early guilty pleas - appropriate penalty - objective seriousness - inadequate safety procedures - serious breach - injured worker - general and specific deterrence - remorse and contrition - no prior convictions - penalties imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(1), s 26(1)
HEARING DATES: 11 November 2009
DATE OF JUDGMENT: 19 November 2009
Mr I Taylor of counsel (Prosecutor) Solicitor: Legal Group LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales
Mr M Cahill of counsel (First and second defendants) Solicitor: Bartier Perry
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Thursday 19 November 2009
Matter No IRC 480 of 2009 Inspector Amanda James v Hiroshi Umeda Prosecution under s 26(1) and s 8(1) of the Occupational Health and Safety Act 2000
Matter No IRC 481 of 2009 Inspector Amanda James v Jun Pacific Corporation Pty Ltd Prosecution under s 8(1) of the Occupational Health and Safety Act 2000
JUDGMENT
[2009] NSWIRComm 193
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