Inspector Dall v Caines (No 2) [2012] NSWIRComm 21

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Dall v Caines (No 2) [2012] NSWIRComm 21 Hearing dates: 8 March 2012 Decision date: 22 March 2012 Jurisdiction: Industrial Court of NSW Before: Haylen J Decision: A In relation to the s 8(2) offence: (i) the defendant is found guilty of a breach of s 8(2) of the Occupational Health and Safety Act as particularised in Matter No IRC 219 of 2011 to which the defendant entered a plea of guilty; (ii) the defendant is fined the sum of $5500 with half that amount to be paid to the prosecutor by way of moiety; (iii) No separate order as to costs. B In relation to the s 136(1)(b) offence: (i) the defendant is found guilty of a breach of s 136(1)(b) of the Occupational Health and Safety Act as particularised in Matter No IRC 218 of 2011; (ii) the defendant is fined the sum of $2200 with half that amount to be paid to the prosecutor by way of moiety; (iii) the defendant is to pay the costs of the prosecutor in the sum of $5000. Catchwords: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 8(2), s 136(1)(b) - two offences arise from same circumstances - Inspector observes work being performed at height without fall restraint equipment and using inadequately fixed and placed scaffolding - painting work being carried out on awning - plea of guilty entered in s 8(2) offence - s 136(1)(b) offence found proved in contested proceedings - sentencing in both matters - objective seriousness of both offences considered - general and specific deterrence - plea in s 8(2) offence offered at first mention - no prior convictions - defendant bankrupt - limited evidence of financial means - penalties reduced Legislation Cited: Fines Act 1996 Occupational Health and Safety Act 2000 Cases Cited: Inspector Dall v Caines [2011] NSWIRComm 166 Category: Principal judgment Parties: Inspector Michael Dall (Prosecutor) Andrew James Caines (Defendant in Matter No IRC 218 of 2011) Andrew James Caines t/as Coral Coatings Contract Painters (Defendant in Matter No IRC 219 of 2011) Representation: Mr Reitano of counsel (Prosecutor) Mr Caines (Defendant - unrepresented) DLA Piper Australia (Prosecutor) File Number(s): IRC 218 of 2011 IRC 219 of 2011