Inspector Rand v Corcoran [2013] NSWIRComm 88

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Rand v Corcoran [2013] NSWIRComm 88 Hearing dates: 20 September 2013 Decision date: 03 October 2013 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: In Matter No IRC 339 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 $3250 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. In Matter No IRC 340 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 $3250 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. In Matter No IRC 341 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 $32,500 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. In Matter No IRC 342 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 $32,500 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. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - prosecutions under s 11(1)(a) and s 11(1)(b) of the Occupational Health and Safety Act 2000 - metal fabrication industry - hoist cage disengaged - persons seriously injured - general and specific deterrence - capacity to pay - Fines Act 1996 - totality - penalty imposed - costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Occupational Health and Safety Act 2000 Cases Cited: Capral Aluminium Ltd v Workcover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610; (2000) 99 IR 29 Corinthian Industries (Sydney) Pty Ltd v WorkCover Authority of New South Wales (Inspector Wilson) [2000] NSWIRComm 46; (2000) 99 IR 159 Inspector Brandie v Hogan [2012] NSWIRComm 138 Inspector Hannah v Wonar Pty Ltd (unreported, Fisher CJ, Glynn and Cullen JJ, CT90/1214, 30 June 1992) Inspector Mason v Graham Allen Chapman & anor [2013] NSWIRComm 71 Inspector Mason v Wild Geese Building and Maintenance Group Pty Ltd [2006] NSWIRComm 350; 157 IR 313 Inspector Jelley v Albright & Wilson (Australia) Limited [2007] NSWIRComm 148; (2007) 164 IR 456 Inspector Scott Rand v Toffy Pty Ltd t/as ABC Tyrepower and Mechanical [2012] NSWIRComm 39 Lawrenson Diecasting Pty Ltd v WorkCover Authority (NSW) (1999) 90 IR 464 Morrison v Coal Operations Australia Ltd (No 2) [2005] NSWIRComm 96; (2005) 141 IR 465 Morrison v Powercoal Pty Ltd [2003] NSWIRComm 416; (2003) 130 IR 364 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Tyler v Sydney Electricity (1993) 47 IR 1 at 5 Maddaford v CSR Limited and Mulgoa Quarries Pty Ltd [2004] NSWIRComm 337 Nelmac Pty Ltd v Franke (Inspector) [2006] NSWIRComm 100; (2006) 151 IR 63 Rahme v R (1989) 43 A Crim R 81 WorkCover Authority of New South Wales (Inspector Ankucic) v McDonald's Australia Limited [2000] NSWIRComm 277; (2000) 95 IR 383 WorkCover Authority of New South Wales (Inspector Farrell) v Schrader (2002) 112 IR 284 WorkCover Authority of New South Wales (Inspector Mulder) v Yass Shire Council [2000] NSWIRComm 57; (2000) 99 IR 284 Category: Principal judgment Parties: Inspector Scott Rand (Prosecutor) James Corcoran (First Defendant) The Metal Fabricators Pty Ltd (Second Defendant) Representation: Counsel: Mr A Casselden (Prosecutor) M K Gourlie Solicitor (Defendants) Solicitors: WorkCover Authority of NSW (Prosecutor) Watson & Watson (Defendants) File Number(s): IRC 339, 340, 341 and 342 of 2011