NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Braddick v Connex Sydney Pty Ltd (known as Veolia Transport Sydney Pty Ltd) [2007] NSWIRComm 208
Prosecutor: Inspector David Braddick PARTIES: Defendant: Connex Sydney Pty Ltd (known as Veolia Transport Sydney Pty Ltd)
FILE NUMBER(S): IRC 2541 of 2006
CORAM: Backman J
CATCHWORDS: Occupational Health and Safety - sentence under s8(1) of the Occupational Health and Safety Act 2000 - plea of guilty entered trainee worker injured after falling 7.6 metres from a platform after disembarking from the monorail - incident occurred when dark (2.00am) and with no adequate lighting - victim not informed of risk of falling or of correct route to follow when exiting the platform - inadequate barrier, lighting and signage - risk of falling obvious and reasonably foreseeable - general and specific deterrence considered and applied - simple measures available prior to offence which could have obviated the risk - victim's very serious injuries manifested the degree of seriousness of the risk to safety - defendant's safety system in place prior to offence considered - subjective factors considered - penalty - orders
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Fines Act 1996 Occupational Health and Safety Act 2000 Rail Safety Act 2002
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Graincorp Operations Ltd v Inspector Mason (2006) 157 IR 103 Inspector Green v Camilleri Properties Pty Ltd (2006) 152 IR 156 Inspector Jelley v Albright & Wilsons (Australia) Limited [2007] NSWIRComm 148 Maddaford v CSR and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 CASES CITED: Morrison v Powercoal Pty Ltd (2003) 130 IR 364 R v Thompson; R v Houlton (2000) 49 NSWLR 383; 115 ACrimR 104 Winchester (1992) 58 ACrimR 345 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonalds Australia Limited and Anor (2000) 95 IR 383 WorkCover Authority (NSW) (Inspector Jones) v Challita (2006) 153 IR 409 WorkCover Authority of New South Wales (Inspector Robert Mayell) v DJ Gleeson Pty Ltd [2006] NSWIRComm 363
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