Inspector Thomas Yeung v Stuart John Hill [2011] NSWIRComm 119

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Thomas Yeung v Stuart John Hill [2011] NSWIRComm 119 Hearing dates: 28 July 2011 Decision date: 29 July 2011 Jurisdiction: Industrial Court of NSW Before: Kavanagh J Decision: 1. In Matter No IRC 1772 of 2009, I find the defendant guilty of the offence as charged. 2. The defendant is fined in the sum of $15,000 with a moiety to WorkCover Authority of New South Wales. 3. The defendant is to pay costs of the prosecutor. There has been no agreement between the parties as to the quantification of the costs. I will hear the parties on this issue in the event no agreement can be reached. Leave to re-list at short notice. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - breach of s 10(1) of the Occupational Health and Safety Act 2000 - individual defendant a director of corporation who was owner of the premises and principal contractor on site - failure to ensure high voltage electrical wires were not removed from above construction site - safe systems of work not put in place given knowledge of risk - plasterer not warned suffers electrocution - plea of guilty - foreseeable element - general deterrence - remorse and contrition demonstrated - director defendant bankrupt - early plea challenge - penalty Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Occupational Health and Safety Act 2000 (NSW) Cases Cited: Capral Aluminium Ltd v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Fisher v Samaras Industries Pty Limited (1996) 82 IR 384 Inspector Morgenthal v Houghton [2010] NSWIRComm 192 Inspector Patton v Hall and Quinn [2010] NSWIRComm 6 Inspector Wilkie v Anstee (No. 2) [2007] NSWIRComm 20 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v R [2005] HCA 25; (2005) 215 ALR 213; (2005) 228 CLR 357 Morrison v Powercoal Pty Limited [2003] NSWIRComm 416; (2003) 130 IR 364 R v Dib [2003] NSWCCA 117 R v Gallagher (1991) 23 NSWLR 220 R v Stambolis [2006] NSWCCA 56 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383; (2000) 115 ACrimR 104 R v Way [2004] NSWCCA 131; (2004) 60 NSWLR 168 Tyler v Sydney Electricity (1993) 47 IR 1 WorkCover Authority of NSW (Insp Mansell) v Chen and Obing Pty Ltd t/as Old But New [2004] NSWIRComm 247 Category: Principal judgment Parties: Inspector Thomas Yeung (Prosecutor) Stuart John Hill (Defendant) Representation: C T Magee of counsel (Prosecutor) P H Givorshner of counsel (Defendant) WorkCover Authority of NSW (Prosecution) Willis & Bowring (Defendant) File Number(s): IRC 1772 of 2009