Inspector Webster v AGG Concreting Pty Ltd, Darryl Coffey and Steven Stathis [2009] NSWIRComm 55

Industrial Court of New South Wales

CITATION: Inspector Webster v AGG Concreting Pty Ltd, Darryl Coffey and Steven Stathis [2009] NSWIRComm 55

PROSECUTOR WorkCover Authority of New South Wales

PARTIES: DEFENDANTS AGG Concreting Pty Ltd Darryl Brian Coffey Steven Stathis

FILE NUMBER(S): IRC 1075; 1076; 1077 of 2008

CORAM: Marks J

CATCHWORDS: OHS prosecution - corporate defendant and two personal defendants directors of corporate defendant - guilty pleas - penalty - corporate defendant failed to ensure persons other than employees were not exposed to risks to health and safety arising from conduct at place of work - offence is a most serious one - inherently dangerous circumstances - culpability of corporate defendant less than that of principal contractor and sub-contractor which employed the victim - deterrent effect - mitigation - guilty pleas at earliest appropriate stage - co-operated fully with investigation - expression of contrition and remorse - sought to make improvements in operations of corporate defendant to ensure compliance with OHS obligations - ultimately the burden of the financial penalty on corporate defendant will fall on the personal defendants only - financial penalty on personal defendants reduced - defendants found guilty - penalties imposed.

Crimes (Sentencing Procedure) Act 1999 s10 LEGISLATION CITED: Fines Act 1996 s6 Occupational Health and Safety Act 2000 s8, s26

Haynes v CI&D Manufacturing Pty Ltd (No 2) (1995) 60 IR 455 CASES CITED: Inspector Aldred v Salamander Shores Hotel Pty Ltd & ors [2008] NSWIRComm 102 Inspector Trotter v BBC Hardware Limited and Bunnings Group Limited [2008] NSWIRComm 232 WorkCover Authority of New South Wales (Inspector Downie) v Menzies Property Services Pty Ltd (2004) 136 IR 449