NSW Caselaw
Industrial Court of New South Wales
CITATION: Morrison v Barry John Cahill [2007] NSWIRComm 114
PROSECUTOR: Rodney Morrison PARTIES: Department of Primary Industries (formerly Department of Mineral Resources)
DEFENDANT: Barry John Cahill
FILE NUMBER(S): 6866 of 2004
CORAM: Marks J
CATCHWORDS: Occupational Health and Safety Act 2000 - s8(1) applies to defendant through s26(1) - death of employee giving rise to proceedings - guilty plea - penalty - defendant has strong commitment to safe mining operations - significant improvements were made to the mine upon acquisition by Perilya - defendant agreed to pay prosector's costs - no prior OH&S convictions - circumstances exist to allow discretion to be exercised under s10 of the Crimes (Sentencing Procedure) Act 1999 - HELD: guilty finding - charge dismissed - no order as to costs Victim impact statement - whether may be received at any time in the proceedings if primary victim has died - HELD: s28(3) of Crimes (Sentencing Procedure) Act displaces s28(1) and statement may be received at any time in the proceedings where primary victim has died
LEGISLATION CITED: Occupational Health and Safety Act 2000 s8, 26 Crimes (Sentencing Procedure) Act 1999 s10, 28
CASES CITED: Morrison v Powercoal Pty Ltd (No 3) (2005) 147 IR 117 Newcastle Wallsend Coal Company Pty Ltd v Inspector McMartin [2006] NSWIRComm 339
HEARING DATES: 14, 16 - 18 August, 21 - 24 August, 28 - 30 August, 7 December 2006, 8 May 2007
DATE OF JUDGMENT: 8 June 2007
PROSECUTOR: Mr P Strickland SC Mr D O'Neil of counsel SOLICITORS: Crown Solicitor Ms J Burton LEGAL REPRESENTATIVES: DEFENDANT: Mr B Hodgkinson SC Mr M Shume of counsel SOLICITORS: Sparke Helmore Ms J Flitcroft
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