Inspector Estreich v Brennan [2011] NSWIRComm 150

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Estreich v Brennan [2011] NSWIRComm 150 Hearing dates: 7/09/2011 Decision date: 09 November 2011 Before: Backman J Decision: In IRC 992 of 2010, the Court makes the following orders: 1. Anthony James Brennan is convicted of the offence. 2. The defendant is fined $9,000 with a moiety to the prosecutor. 3. The defendant is to pay the reasonable costs of the prosecutor as agreed or assessed. In IRC 993 of 2010, the Court makes the following orders: 1. Bulk Maritime Terminals Pty Limited is convicted of the offence. 2. The defendant is fined $90,000 with a moiety to the prosecutor. 3. The defendant is to pay the reasonable costs of the prosecutor as agreed or assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Occupational Health and Safety Act 2000 (the Act) - plea of guilty to an offence by the corporate defendant under s 8(1) of the Act and plea of guilty to an offence under s 8(1) by virtue of s 26(1) of the Act by the director - worker receives serious injuries after being crushed by a bulk bag containing 900 kilogrammes of dry bulk powder which fell on him - serious deficiencies in corporate defendant's system of work identified - other objective factors considered - subjective factors considered - significance of small corporate structure to an assessment of factor of remorse - penalties imposed - orders Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Occupational Health and Safety Act 2000 Category: Principal judgment Parties: Inspector Phillip Estreich (Prosecutor) Anthony James Brennan (First Defendant) Bulk Maritime Terminals Pty Limited [ACN 051 914 099] (Second Defendant) Representation: Mr C Magee of counsel (Prosecutor) Mr I Latham of counsel (Defendants) DLA Piper Australia (Prosecutor) Ashlaw Legal Services (Defendants) File Number(s): IRC 992 of 2010 IRC 993 of 2010