Inspector Andrew Rowe v Stephensons Cranes Pty Ltd and Soltau (No 2) [2010] NSWIRComm 124

Inspector Andrew Rowe v Stephensons Cranes Pty Ltd and Soltau (No 2) [2010] NSWIRComm 124

The defendants were guilty because, although the prosecutor had not proved that depositing the load caused the joists to collapse and therefore had not made out several particulars, the defendants failed to make any examination or positive enquiry about the safety and suitability of the area on which the heavy load was to be deposited, despite their operations involving a non-employee working on exposed joists without fall restraint. The breach was serious but its objective gravity was reduced by the principal responsibility of others for the area and fall restraint measures, by the fact that prior loads had been lifted without incident, and by Mr Soltau being discouraged from accessing...

Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Prosecution Under S 8(2) and S 20(1) of the Occupational Health and Safety Act 2000 / Judgment Re Penalty After Pleas of Guilty and Further Submissions
Outcome
Each defendant was found guilty and convicted. Stephensons Cranes Pty Ltd was fined $65,000, ordered to publish advertisements and ordered to pay the prosecutor's costs. No monetary penalty was imposed on Richard Gordon Soltau under s 10A of the Fines Act, but a conviction was recorded.
Legal Topics
['breach of S 8(2) of the Occupational Health and Safety Act 2000 by Corporate Defendant' 'breach of S 20(1) of the Occupational Health and Safety Act 2000 by Personal Defendant' 'risk Assessment' 'causal Nexus' 'general and Specific Deterrence' 'mitigating Factors' 'publication Order Under S 115 of the Occupational Health and Safety Act 2000' 's 10 a Fines Act']
['occupational Health and Safety' 'criminal Penalty'] ['breach of S 8(2) of the Occupational Health and Safety Act 2000 by Corporate Defendant' 'breach of S 20(1) of the Occupational Health and Safety Act 2000 by Personal Defendant' 'risk Assessment' 'causal Nexus' 'general and Specific Deterrence' 'mitigating Factors' 'publication Order Under S 115 of the Occupational Health and Safety Act 2000' 's 10 a Fines Act']

Case Brief

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Procedural Posture

Prosecution Under S 8(2) and S 20(1) of the Occupational Health and Safety Act 2000 / Judgment Re Penalty After Pleas of Guilty and Further Submissions

Legal Issues

  1. 1 ['Whether the charges should be read as including the alleged causal nexus between the slung load placing pressure on timber joists and the joists giving way and collapsing.' "Whether the prosecutor had established particulars of the charges in light of the Court's finding that the causal nexus was not proved." 'Whether the defendants failed to undertake an adequate assessment of the area on which the load was to be deposited.' 'What penalties and ancillary orders should be imposed on the defendants.']

Ratio Decidendi

The defendants were guilty because, although the prosecutor had not proved that depositing the load caused the joists to collapse and therefore had not made out several particulars, the defendants failed to make any examination or positive enquiry about the safety and suitability of the area on which the heavy load was to be deposited, despite their operations involving a non-employee working on exposed joists without fall restraint. The breach was serious but its objective gravity was reduced by the principal responsibility of others for the area and fall restraint measures, by the fact that prior loads had been lifted without incident, and by Mr Soltau being discouraged from accessing...

Court Disposition

Each defendant was found guilty and convicted. Stephensons Cranes Pty Ltd was fined $65,000, ordered to publish advertisements and ordered to pay the prosecutor's costs. No monetary penalty was imposed on Richard Gordon Soltau under s 10A of the Fines Act, but a conviction was recorded.

Orders

  • ['Each of the defendants is found guilty of the offences with which they are charged and convicted accordingly.' 'A penalty of $65,000 is imposed on Stephensons Cranes Pty Ltd with a moiety to the prosecutor.' 'Stephensons Cranes Pty Ltd is directed, at its cost and within 28 days, to place an advertisement in the...