Inspector Hall v Raydaz Design Pty Ltd [2012] NSWIRComm 81

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Hall v Raydaz Design Pty Ltd [2012] NSWIRComm 81 Hearing dates: 19 July 2012 Decision date: 24 August 2012 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: Matter No IRC 1705 of 2011 1.The offence is proven and a verdict of guilty is entered. 2.The corporate defendant is convicted of the offence, as charged. 3.The corporate defendant is fined an amount of $75,000 with a moiety thereof to the prosecutor. 4.The corporate defendant shall pay the prosecutor's costs of the proceedings in an amount as agreed, or if agreement cannot be reached, as assessed. Matter No IRC 1706 of 2011 1.The offence is proven and a verdict of guilty is entered. 2.The personal defendant is convicted of the offence, as charged. 3.The personal defendant is fined an amount of $8000 with a moiety thereof to the prosecutor. 4.The personal defendant shall pay the prosecutor's costs of the proceedings in an amount as agreed, or if agreement cannot be reached, as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - prosecutions under s 8(2) of the Occupational Health and Safety Act 2000 - building industry - residential property - jib fell from boom of crane at construction site controlled by defendants - non-employee injured - general and specific deterrence - pleas of guilty - remorse - capacity to pay - Fines Act 1996 - penalty imposed - costs. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Occupational Health and Safety Act 2000 Cases Cited: Inspector Beauchamp v J & L Marble Pty Ltd [2009] NSWIRComm 100 Inspector Ken Kumar v David Aylmer Ritchie [2006] NSWIRComm 323 Morrison v Coal Operations Australia Ltd (No 2) [2005] NSWIRComm 96; (2005) 141 IR 465 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 WorkCover Authority of New South Wales (Inspector Robert Mayell) v D J Gleeson Pty Ltd [2006] NSWIRComm 363 WorkCover Authority of New South Wales (Inspector Farrell) v Schrader [2002] NSWIRComm 25; (2002) 112 IR 284 Category: Principal judgment Parties: Inspector Craig Hall (Prosecutor) Raydaz Design Pty Ltd (Corporate Defendant) Raymond Anjoul (Personal Defendant) Representation: Counsel: Mr A Tudehope of counsel (Defendant) Solicitors: WorkCover Authority of New South Wales (Prosecutor) Tudehope Partners (Defendants) File Number(s): IRC 1705 and 1706 of 2011