Cahill v State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (No 3) [2009] NSWIRComm 97

Industrial Court of New South Wales

CITATION: Cahill v State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (No 3) [2009] NSWIRComm 97 This decision has been amended. Please see the end of the judgment for a list of the amendments.

PROSECUTOR: John Joseph Cahill PARTIES: DEFENDANT: State of New South Wales (Department of Education and Training and Department of Juvenile Justice)

FILE NUMBER(S): 1390, 1391 and 1392 of 2006

CORAM: Schmidt J

CATCHWORDS: Occupational Health and Safety - prosecutions under section 8(1) of the Occupational Health and Safety Act 2000 - Department of Education and Training and Department of Juvenile Justice - School in Juvenile Justice Centre - sentencing - aggravating and mitigating factors considered - significance of injuries - contrition - deterrence - principle of totality - penalty imposed - prosecutor industrial organisation - moiety

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996

Barry Johnson v State of New South Wales (Department of Education and Training) [2006] NSWIRComm 275 Cahill v State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (No 2) [2008] NSWIRComm 246 Cahill v State of New South Wales (Department of Community Services) (No 4) [2008] NSWIRComm 201 Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Crown in the Right of the State of New South Wales (Department of Education and Training) v Keenan (2001) 105 IR 181 Dalzell v Andrew James Ferguson [2009] NSWIRComm 81 Department of Mineral Resources of NSW (Mckensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 Director of Public Prosecutions v Esso Australia Pty Ltd (20011) 124 A Crim R 200; (2001) 107 IR 285 CASES CITED: Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 Fletcher Construction Australia Limited v WorkCover Authority of New South Wales (Inspector Fisher) (1999) 91 IR 66 at 70 Inspector Chaston v Moussalli & Ors [2008] NSWIRComm 58 Lawrenson Diecasting Pty Ltd WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 R v McNaughton (2006) 66 NSWLR 566 Veen v R (No 2) (1988) 164 CLR 465 Warman International Limited v WorkCover Authority of NSW (1998) 80 IR 326 WorkCover Authority (Inspector Riley) v Broken Hill Pty Co Ltd (1998) 83 IR 427 WorkCover Authority (NSW) v Fernz Construction Materials Ltd (No 2) (2000) 100 IR 23 WorkCover Authority (NSW) (Inspector Stewart) v The Crown in Right of the State of New South Wales (Department of Education and Training, Department of Juvenile Justice and TAFE) (2002) 118 IR 207