Inspector Larobina v Jaymay Constructions Pty Limited & Patrick Sahyoun [2003] NSWIRComm 120

Inspector Larobina v Jaymay Constructions Pty Limited & Patrick Sahyoun [2003] NSWIRComm 120

The first defendant's failures to correctly erect the hoist, prevent overloading, prevent persons riding on it, and provide adequate information, instruction, training and supervision were serious and showed a careless disregard for worker safety; the risks were self-evident, foreseeable, likely to have serious consequences and readily avoidable. The second defendant, as foreman and authorised materials hoist operator, seriously breached his duty by operating an overloaded hoist with four workers on it, and his claim that he was pressured reduced culpability only marginally. Taking account of objective seriousness, deterrence, guilty pleas, absence of prior convictions and other...

Jurisdiction
Australia
Judgment Date
17 April 2003
Procedural Posture
Prosecutions Under S 16(1) and S 19(a) of the Occupational Health and Safety Act 1983 / Penalty Following Guilty Pleas
Outcome
Both offences were proven; both defendants were convicted and fined, with a moiety of each fine to the prosecutor and costs to be paid by each defendant.
Legal Topics
['construction Site Safety' 'materials Hoist Collapse' 'employer Duty to Non Employees' 'employee Duty to Take Reasonable Care' 'safe System of Work' 'information, Instruction, Training and Supervision' 'general and Specific Deterrence' 'guilty Plea Discount']
['occupational Health and Safety' 'industrial Relations' 'criminal Sentencing'] ['construction Site Safety' 'materials Hoist Collapse' 'employer Duty to Non Employees' 'employee Duty to Take Reasonable Care' 'safe System of Work' 'information, Instruction, Training and Supervision' 'general and Specific Deterrence' 'guilty Plea Discount']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Prosecutions Under S 16(1) and S 19(a) of the Occupational Health and Safety Act 1983 / Penalty Following Guilty Pleas

Legal Issues

  1. 1 ['What penalty should be imposed on Jaymay Constructions Pty Limited for failing to ensure persons not in its employment were not exposed to risks to health or safety arising from its undertaking.' 'What penalty should be imposed on Patrick Sahyoun for failing to take reasonable care for the health and safety of persons at his place of work.' 'How the objective seriousness of the offences should be assessed given the incorrectly erected hoist, overloading, persons riding on a materials hoist, injuries, available remedial steps, guilty pleas and prior records.']

Ratio Decidendi

The first defendant's failures to correctly erect the hoist, prevent overloading, prevent persons riding on it, and provide adequate information, instruction, training and supervision were serious and showed a careless disregard for worker safety; the risks were self-evident, foreseeable, likely to have serious consequences and readily avoidable. The second defendant, as foreman and authorised materials hoist operator, seriously breached his duty by operating an overloaded hoist with four workers on it, and his claim that he was pressured reduced culpability only marginally. Taking account of objective seriousness, deterrence, guilty pleas, absence of prior convictions and other...

Court Disposition

Both offences were proven; both defendants were convicted and fined, with a moiety of each fine to the prosecutor and costs to be paid by each defendant.

Orders

  • ['Matter No 3544 of 2002 - Jaymay Constructions Pty Limited: The offence is proven and a verdict of guilty is entered.' 'Matter No 3544 of 2002 - Jaymay Constructions Pty Limited: The defendant is convicted of the offence as charged.' 'Matter No 3544 of 2002 - Jaymay Constructions Pty Limited: The defendant is fined...