Inspector Pile v O'Connor Capital Pty Ltd (formerly MPH Rural Pty Ltd) [2011] NSWIRComm 138

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Pile v O'Connor Capital Pty Ltd (formerly MPH Rural Pty Ltd) [2011] NSWIRComm 138 Hearing dates: 11 October 2011 Decision date: 17 October 2011 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: (1) The defendant is convicted of the offence. (2) The defendant is fined the sum of $100,000 with a moiety to the prosecutor. (3) The defendant shall pay the prosecutor's costs as agreed or as assessed. Failing agreement, costs may be referred to the Registrar for assessment. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Prosecution of employer for contravention of s 8(1) of Occupational Health and Safety Act 2000 - Fall from height - Serious injuries - Plea of guilty - Sentencing - Objective and subjective factors considered - Penalty imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001 Cases Cited: Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Fisher v Samaras Industries Pty Limited (1996) 82 IR 384 Genner Constructions Pty Ltd v WorkCover Authority of New South Wales (Inspector Guillarte) [2001] NSWIRComm 267; (2001) 110 IR 57 Category: Principal judgment Parties: Inspector Keven Pile (Prosecutor) O'Connor Capital Pty Ltd (formerly MPH Rural Pty Ltd) (Defendant) Representation: Mr D O'Neill of counsel (Prosecutor) Mr M Cahill of counsel (Defendant) DLA Piper Australia (Prosecutor) Bartier Perry Solicitors (Defendant) File Number(s): IRC 1223 of 2010