Inspector Batty v Intercoast Refrigerated Transport Pty Ltd (No 2) [2012] NSWIRComm 113

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Batty v Intercoast Refrigerated Transport Pty Ltd (No 2) [2012] NSWIRComm 113 Hearing dates: 14 September 2012 Decision date: 17 October 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: Matter No IRC 1260 of 2010 (1) The defendant, Anthony Francis Morfea, is convicted of an offence under s 8(1) of the Occupational Health and Safety Act 2000 by virtue of s 26(1) of that Act. (2) The defendant is fined an amount of $8,000. (3) Under s 122(2) of the Fines Act 1996 the defendant shall pay to the prosecutor one-half of any fine imposed by the Court. (4) The defendant shall pay 50 percent of the costs of the prosecutor as agreed or, in the absence of agreement, as assessed. Matter No IRC 1263 of 2010 (1) The defendant, Intercoast Refrigerated Transport Pty Ltd, is convicted of an offence under s 8(1) of the Occupational Health and Safety Act 2000. (2) The defendant is fined an amount of $80,000. (3) Under s 122(2) of the Fines Act 1996 the defendant shall pay to the prosecutor one-half of any fine imposed by the Court. (4)The defendant shall pay 50 percent of the costs of the prosecutor as agreed or, in the absence of agreement, as assessed. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - Corporate defendant - Prosecution under s 8(1) of the Occupational Health and Safety Act 2000 - Roadside repair of truck - Worker suffered fatal injuries after becoming trapped when attempting to engage the brakes of his B-Double Prime Mover to stop it rolling further forward - Defendant found guilty - SENTENCING - Objective and subjective considerations - Penalty imposed