Inspector Gelonese v Ghevondian & Hyecorp Construction Pty Ltd [2010] NSWIRComm 12

Inspector Gelonese v Ghevondian & Hyecorp Construction Pty Ltd [2010] NSWIRComm 12

The unsecured, unmarked plywood covering a floor penetration on a construction site created a significant and most serious risk to health and safety, and Hyecorp's inadequate risk assessment, fall protection, supervision and site reporting systems warranted substantial penalties, notwithstanding early guilty pleas, cooperation, remorse, no prior convictions, Mr Ghevondian's good character and post-incident safety improvements.

Jurisdiction
Australia
Judgment Date
11 February 2010
Procedural Posture
Prosecution Under S 8(2) by Virtue of S 26(1) and Under S 8(2) of the Occupational Health and Safety Act 2000 / Judgment on Penalty After Guilty Pleas
Outcome
Each defendant was found guilty, convicted and penalised.
Legal Topics
['breach of S 8(2) of the Occupational Health and Safety Act 2000' 'director Liability Under S 26(1) of the Occupational Health and Safety Act 2000' 'construction Site Fall Risk' 'penalty Assessment' 'general and Specific Deterrence']
['occupational Health and Safety' 'criminal Penalty'] ['breach of S 8(2) of the Occupational Health and Safety Act 2000' 'director Liability Under S 26(1) of the Occupational Health and Safety Act 2000' 'construction Site Fall Risk' 'penalty Assessment' 'general and Specific Deterrence']

Case Brief

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Procedural Posture

Prosecution Under S 8(2) by Virtue of S 26(1) and Under S 8(2) of the Occupational Health and Safety Act 2000 / Judgment on Penalty After Guilty Pleas

Legal Issues

  1. 1 ['What penalty should be imposed on Hyecorp Construction Pty Ltd for breach of s 8(2) of the Occupational Health and Safety Act 2000.' 'What penalty should be imposed on Vigen Ghevondian, deemed guilty of the same offence by s 26(1) of the Occupational Health and Safety Act 2000.' 'How the objective seriousness of the unsecured and unmarked floor penetration and the mitigating subjective matters should affect penalty.']

Ratio Decidendi

The unsecured, unmarked plywood covering a floor penetration on a construction site created a significant and most serious risk to health and safety, and Hyecorp's inadequate risk assessment, fall protection, supervision and site reporting systems warranted substantial penalties, notwithstanding early guilty pleas, cooperation, remorse, no prior convictions, Mr Ghevondian's good character and post-incident safety improvements.

Court Disposition

Each defendant was found guilty, convicted and penalised.

Orders

  • ['Each of the defendants is found guilty of the offence charged and convicted accordingly.' 'A penalty of $120,000 is imposed on Hyecorp Constructions Pty Ltd and a penalty of $10,000 is imposed on Vigen Ghevondian, with a moiety in each case to the prosecutor.' 'The defendants are to pay the costs of the prosecutor...