WorkCover Authority of New South Wales (Inspector Wilkie) v B & E Renovations Pty Limited [2006] NSWIRComm 394

Industrial Court of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Wilkie) v B & E Renovations Pty Limited [2006] NSWIRComm 394

PROSECUTION: WorkCover Authority of New South Wales (Inspector Wilkie) PARTIES: DEFENDANT: B & E Renovations Pty Limited

FILE NUMBER(S): IRC 779 of 2006

CORAM: Staunton J

CATCHWORDS: Occupational health and safety - plea of guilty - general principles - foreseeability - causal nexus between defendant's breach and fatal injuries considered - objective seriousness of the offence - general and specific deterrence - no prior convictions - subjective features taken into consideration - financial capacity of defendant considered - issue of contrition and remorse as a mitigating factor in the sentencing process considered - Victim Impact Statement considered - penalty imposed - orders as to penalty, moiety and costs.

Courts Legislation Amendment Act 2006 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Procedure Act 1986 Evidence Act 1995 Fines Act 1996 Occupational Health and Safety Act 2000

Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 DPP v Esso Australia Pty Limited [2001] VSC 263 (30 July 2001) Ferguson v Nelmac Pty Limited (1999) 92 IR 188 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 Mansour (1999) 29 MVR 409 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Way [2004] NSWCCA 131 Stephen Finlay McMartin v Newcastle Wallsend Coal Company Pty Limited & others [2005] NSWIRComm 31 Thorneloe v Filipowski (2001) 52 NSWLR 60 WorkCover Authority of New South Wales (Inspector Mansell) v Jian Chen and Obing Pty Limited trading as Old But New [2004] NSWIRComm 247