Inspector Jason Andrew Wall (WorkCover Authority of New South Wales) v Lubo Medich Holdings Pty Ltd [2011] NSWIRComm 18

Industrial Court New South Wales

Medium Neutral Citation: Inspector Jason Andrew Wall (WorkCover Authority of New South Wales) v Lubo Medich Holdings Pty Ltd [2011] NSWIRComm 18 Hearing dates: 22 November 2010 Decision date: 09 March 2011 Jurisdiction: Industrial Court of NSW Before: Backman J Decision: (1) In No IC 1262 of 2009, the Court orders that Lubo Medich Holdings Pty Ltd is convicted of the offence and fined $61,000 with a moiety to the prosecutor. (2) In No IC 1263 of 2009, the Court orders that Lubo Medich Holdings Pty Ltd is convicted of the offence and fined $61,000 with a moiety to the prosecutor. (3) In No IC 1264 of 2009, the Court orders that John Matthew Medich is convicted of the offence and fined $5,500 with a moiety to the prosecutor. (4) In No IC 1267 of 2009, the Court orders that John Matthew Medich is convicted of the offence and fined $5,500 with a moiety to the prosecutor. (5) In Nos IC 1262, 1263, 1264 and 1267 of 2009, the defendants are to pay the reasonable costs of the prosecutor as agreed or assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 - pleas of guilty - worker dies after falling 5.8 metres from a work platform on mobile scaffold - work platform lacked handrails and worker had no other form of fall protection - objective factors - subjective factors - contribution and respective roles - whether Court should exercise its discretion under s 10(1) of the Crimes (Sentencing Procedure) Act 1999 and dismiss the charge against individual offender - application refused - victim impact statement - totality - Orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Cases Cited: Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Crown in Right of the State of New South Wales (Dept of Education and Training) v Keenan [2001] NSWIRComm 106; (2001) 105 IR 181 Graincorp Operations Limited v Inspector Mason [2006] NSWIRComm 304; (2006) 157 IR 103 Inspector Glass v Foamex Polystyrene Pty Ltd [2004] NSWIRComm 100 Inspector Jones v James Denson and Anor [2006] NSWIRComm 234 Inspector Stephen Cooper v Kwik-Seal Pty Ltd and anor [2006] NSWIRComm 48 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Regina v Previtera (1997) 94 A Crim R 76 Regina v Berg [2004] NSWCCA 300 Inspector Christopher Downie v Menzies Property Services Pty Limited [2004] NSWIRComm 259; (2004) 136 IR 449 Category: Sentence Parties: Inspector Jason Andrew Wall (WorkCover Authority of New South Wales) (Prosecutor)