Lyco Industries Pty Limited v Inspector Ruth Buggy (WorkCover Authority of New South Wales) [2006] NSWIRComm 396

Industrial Court of New South Wales

CITATION: Lyco Industries Pty Limited v Inspector Ruth Buggy (WorkCover Authority of New South Wales) [2006] NSWIRComm 396

Appellant: Lyco Industries Pty Limited PARTIES: Respondent: Inspector Ruth Buggy (WorkCover Authority of New South Wales)

FILE NUMBER(S): IRC 6788 of 2006

CORAM: Walton J Vice-President at 1; Marks J at 37; Backman J at 1

CATCHWORDS: Appeal - occupational health and safety - Occupational Health and Safety Act 1983 - s 196 of the Industrial Relations Act 1996 and s 5AA of the Criminal Appeal Act 1912 - appeal against conviction and sentence - offences under s 18(1)(a) and s 18(1)(b) of the 1983 Act - meaning of "supplies" in s 18(1) - whether plant supplied in New South Wales - application of s 3A of the Crimes Act 1900 considered - held: plant supplied in New South Wales - whether sentence imposed was manifestly excessive - culpability of appellant compared with other offenders prosecuted for the same incident considered by reference to the principle of parity - held: sentence not manifestly excessive - appeal dismissed - costs.

Crimes Act 1900 Criminal Appeal Act 1912 LEGISLATION CITED: Goods Act 1958 (Vic) Industrial Relations Act 1996 Occupational Health and Safety Act 1983 Sales of Goods Act 1923

Daly Smith Corporation (Aust) Pty Limited & Anor v WorkCover Authority of New South Wales (Inspector Mansell) (2006) 151 IR 173 Forster v Osprey Manufacturing Pty Ltd [2003] NSWIRComm 131 Inspector Ruth Buggy v Kentan Pty Limited [2005] NSWIRComm 422 CASES CITED: Inspector Ruth Buggy v Lyco Industries Pty Limited [2005] NSWIRComm 298 Inspector Ruth Buggy v Lyco Industries Pty Limited [2005] NSWIRComm 423 Isaac, Tajeddine and Elachi (1996) 87 ACrimR 513 Johnson v Miller (1937) 59 CLR 467 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited & Anor (2000) 95 IR 383