Inspector Christensen v Hebron Holdings Pty Limited (formerly known as Taylor Railtrack Pty Limited) [2012] NSWIRComm 31

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Christensen v Hebron Holdings Pty Limited (formerly known as Taylor Railtrack Pty Limited) [2012] NSWIRComm 31 Hearing dates: 12 April 2012 Decision date: 18 April 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: Matter No IRC 280 of 2011 (1) The defendant is found guilty of the offence charged under s 8(1) of the Occupational Health and Safety Act 2000. (2) The defendant is fined an amount of $83,000 with a moiety to the prosecutor. (3) The defendant shall pay the costs of the prosecutor as agreed or assessed. Matter No IRC 281 of 2011 (1) The defendant is found guilty of the offence charged under s 8(2) of the Occupational Health and Safety Act 2000. (2) The defendant is fined an amount of $117,000 with a moiety to the prosecutor. (3) The defendant shall pay the costs of the prosecutor as agreed or assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Prosecution under s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 - Laying of new rail track - One worker killed and others seriously injured when load under weight suspended from mobile crane broke apart and struck workers - Pleas of guilty - Sentencing - Objective and subjective considerations - Totality - Penalties imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Cahill v State of New South Wales (Department of Community Services) (No 3) [2008] NSWIRComm 123 Cahill v State of New South Wales (Department of Community Services) (No 4) [2008] NSWIRComm 201 Camilleri's Stock Feeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 683 Capral Aluminium Ltd v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Department of Mineral Resources of NSW (McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 Haynes & Callaghan v C I and D Manufacturing Pty Ltd (No 2) (1995) 60 IR 455 Inspector Callaghan v Saunders Constructions (unreported Maidment J, CT 1062 of 1993, 26 November 1993 Inspector Dall v Ullrich Aluminium Pty Ltd [2011] NSWIRComm 156 Inspector Dennis Howard v Multiplex Constructions (NSW) Pty Ltd [2002] NSWIRComm 229 Inspector Elizabeth Benbow v Planada Holdings Pty Ltd [2001] NSWIRComm 275 Inspector Jones v Walker Group Constructions Pty Ltd [2006] NSWIRComm 11 Johnson v The Queen [2004] HCA 15; (2004) 205 ALR 346 Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 262 ALR 569 Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59 Morrison v Powercoal Pty Ltd [2003] NSWIRComm 416; (2003) 130 IR 364 Muldrock v R [2011] HCA 39; (2011) 281 ALR 652 R v Thomson; R v Houlton (2000) 115 A Crim R 104 WorkCover Authority (NSW) v ACI Operations Pty Ltd (Industrial Court of New South Wales, Schmidt J, 25 February 1994, unreported) WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited and Another [2000] NSWIRComm 1123; (2000) 95 IR 383 WorkCover Authority of NSW (Inspector Carmody) v Consolidated Constructions Pty Ltd [2001] NSWIRComm 263; (2001) 109 IR 316 WorkCover New South Wales (Inspector Victor Page) v Walco Hoist Rentals Pty Limited (No.2) [2000] NSWIRComm 39; (2000) 99 IR 163 Texts Cited: Principles of Sentencing (2nd ed, 1979) 56-57 Category: Principal judgment Parties: Inspector Madeline Christensen (Prosecutor) Hebron Holdings Pty Limited (Defendant) Representation: Ms A Mitchelmore of counsel (Prosecutor) Mr P Ginters of counsel (Defendant) WorkCover Authority of New South Wales (Prosecutor) Kell the Lawyers (Defendant) File Number(s): IRC 280 of 2011 IRC 281 of 2011