Inspector Nicholson v Ibrahim [2011] NSWIRComm 39

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Nicholson v Ibrahim [2011] NSWIRComm 39 Hearing dates: 29 March 2011 Decision date: 11 April 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1) The defendant is found guilty of the offence with which he is charged and convicted accordingly. 2) I impose a monetary penalty of $25,000 with a moiety to the prosecutor. 3) The defendant is to pay the costs of the prosecutor as assessed in default of agreement. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 10(1) of the Occupational Health and Safety Act 2000 by corporate defendant - personal defendant deemed guilty of the same offence by virtue of s 26(1) - guilty plea - prior conviction - objective seriousness - relative culpability - general and specific deterrence - cooperation with prosecutor - capacity to pay - orders made Legislation Cited: Fines Act 1996 - s 6 Occupational Health and Safety Act 2000 - s 10, s 26 Cases Cited: Inspector John Patton v Romeo Elias Ibrahim and ors [2010] NSWIRComm 109 Inspector Nicholson v Mackey [2010] NSWIRComm 159 Inspector Nicholson v Mackey (No 2) [2011] NSWIRComm 40 Inspector Nicholson v Nahed [2011] NSWIRComm 41 Inspector Nicholson v Pymble No 1 & Molinara (No 2) [2010] NSWIRComm 151 Inspector Nicholson v Sawmaa [2011] NSWIRComm 38 Inspector Yeung v Donald Edwin Wilson t/as Wilson's Tree Service [2005] NSWIRComm 158 MCColl v John Watson Building Services Pty Ltd and Dowdon Contracting Pty Ltd [2004] NSWIRComm 353 Category: Principal judgment Parties: Inspector Nicholson (Prosecutor) Romeo Ibrahim (Defendant) Representation: Mr R Reitano of counsel (Prosecutor) No appearance (Defendant) Legal Group, WorkCover Authority of New South Wales (Prosecutor) File Number(s): IRC 624 of 2009