Inspector Estreich v Zaccardelli & Ors [2012] NSWIRComm 47

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Estreich v Zaccardelli & Ors [2012] NSWIRComm 47 Hearing dates: 17 May 2012 Decision date: 31 May 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: Matter No 1929 of 2011 (1) Leonardo John Zaccardelli is convicted of an offence under s 20 of the Occupational Health and Safety Act 2000. (2) Leonardo John Zaccardelli is fined an amount of $2,000 with a moiety to the prosecutor. (3) Mr Zaccardelli shall pay the prosecutor's costs as agreed or assessed. Matter No 1930 of 2011 (1) Christopher Charles Galea is convicted of an offence under s 20 of the Occupational Health and Safety Act 2000. (2) Christopher Charles Galea is fined an amount of $1,800 with a moiety to the prosecutor. (3) Mr Galea shall pay the prosecutor's costs as agreed or assessed. Matter No 1931 of 2011 (1) Danilo Prelevic is guilty of an offence under s 20 of the Occupational Health and Safety Act 2000. (2) Pursuant to s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 Danilo Prelevic is discharged on the condition that he enter into a good behaviour bond for a period of 12 months. (3) Mr Prelevic shall pay the prosecutor's costs as agreed or assessed. Matter No 1932 of 2011 (1) Scott Russell De Gail is guilty of an offence under s 20 of the Occupational Health and Safety Act 2000. (2) Pursuant to s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 Scott Russell De Gail is discharged on the condition that he enter into a good behaviour bond for a period of 12 months. (3) Mr De Gail shall pay the prosecutor's costs as agreed or assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Prosecutions for breach of s 20 of the Occupational Health and Safety Act 2000 - Construction industry - Pleas of guilty - Sentencing - Worker suffered serious burn injuries and psychological injury as a result of a "practical joke" - Fellow workers prosecuted - Objective and subjective factors considered - Penalties imposed on two workers - Other two workers discharged on the condition that they enter into a good behaviour bond for a period of 12 months - Costs Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Cases Cited: Inspector Martin v Russell Larkham [2003] NSWIRComm 31 WorkCover Authority of New South Wales (Inspector Gordon) v Gregory Ronald Wallis (unreported, matter no. CT 1011 of 1995, 14 August 1996, Fisher P, Glynn and Hill JJ) Category: Principal judgment Parties: Inspector Pamela Estreich (Prosecutor in all matters) Leonardo John Zaccardelli (Defendant in Matter IRC2011/1929) Christopher Charles Galea (Defendant in Matter IRC2011/1930) Danilo Prelevic (Defendant in Matter IRC2011/1931) Scott Russell De Gail (Defendant in Matter IRC2011/1932) Representation: Mr B Docking of counsel (Prosecutor in all matters) Mr K Zoutendijk, solicitor (Defendant in Matter IRC2011/1929) of Marsdens Law Group