NSW Caselaw
Industrial Court of New South Wales
CITATION: Cahill v State of New South Wales (Department of Corrective Services) [2010] NSWIRComm 49
PARTIES: John Joseph Cahill (Prosecutor) State of New South Wales (Department of Corrective Services) (Defendant)
FILE NUMBER(S): IRC 2244 of 2008
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - prosecution under s 8(1) of the Occupational Health and Safety Act 2000 - early guilty plea - appropriate penalty - serious breach - fatal injury - inadequate safety procedures - objective seriousness - risk reasonably foreseeable - deterrence - prior convictions - remorse and contrition - costs and capacity of a defendant to pay fine - penalty imposed
Crimes (Sentencing Procedure) Act 1999 - s21A(2) LEGISLATION CITED: Fines Act 1996 - s 6 Occupational Health and Safety Act 2000 - s 8(1)
Bastian v Medicraft Hil-Rom Australia Pty Ltd [2010] NSWIRComm 34 Environment Protection Authority v Davis [2005] NSWLEC 643 CASES CITED: Environment Protection Authority v Hardt NSWLEC 284 EPA v Barnes [2006] NSWCCA 246 Inspector Yeung v Donald Edwin Wilson t/as Wilson's Tree Service [2005] NSWIRComm 158; (2005) 143 IR 187 Morrison v Centennial Coal Company Limited [2010] NSWIRComm 4
HEARING DATES: 15 March 2010, 16 March 2010, 29 March 2010 8 April 2010
DATE OF JUDGMENT: 22 April 2010
Mr B Docking of counsel Solicitors W.G. McNally Jones Staff LEGAL REPRESENTATIVES: Mr J Agius SC and Mr D O'Neil of counsel Solicitors Crown Solicitors
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