Inspector Keenan v Hanna & Smart Gas Services Pty Ltd [2011] NSWIRComm 173

Inspector Keenan v Hanna & Smart Gas Services Pty Ltd [2011] NSWIRComm 173

Each defendant breached the Occupational Health and Safety Act 2000 (NSW) by failing to ensure, so far as reasonably practicable, the health and safety of employees — specifically, Smart Gas failed to provide a safe system of work, adequate instruction, training and supervision, which resulted in the death of a worker; Mr Hanna, as a director, was deemed guilty by virtue of s 26(1). The seriousness of the breach, despite mitigating subjective circumstances and early guilty pleas, warranted substantial monetary penalties for both defendants, and no exercise of discretion under s 10 of the Crimes (Sentencing Procedure) Act 1999 for Mr Hanna.

Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Criminal Prosecution for Occupational Health and Safety Offence / Sentencing – Judgment on Penalty Following Guilty Pleas
Outcome
Each defendant found guilty and convicted. Monetary penalties imposed. Costs awarded to prosecutor. No s 10 bond for Mr Hanna.
Legal Topics
['employer Duties' 'breach of Statutory Duty' 'sentencing and Penalties' 'supervision and Training of Employees' 'workplace Fatalities' 'director Liability' 'safe Systems of Work']
['occupational Health and Safety Law' 'criminal Law' 'industrial Law'] ['employer Duties' 'breach of Statutory Duty' 'sentencing and Penalties' 'supervision and Training of Employees' 'workplace Fatalities' 'director Liability' 'safe Systems of Work']

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Procedural Posture

Criminal Prosecution for Occupational Health and Safety Offence / Sentencing – Judgment on Penalty Following Guilty Pleas

Legal Issues

  1. 1 ['What is the appropriate penalty for each defendant following guilty pleas to breaches of the Occupational Health and Safety Act 2000 (NSW)?' 'What is the objective seriousness of the breach?' 'Are there subjective circumstances that mitigate the penalty, particularly regarding remorse, cooperation, and lack of prior convictions?' 'Should section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) apply to Mr Hanna?']

Ratio Decidendi

Each defendant breached the Occupational Health and Safety Act 2000 (NSW) by failing to ensure, so far as reasonably practicable, the health and safety of employees — specifically, Smart Gas failed to provide a safe system of work, adequate instruction, training and supervision, which resulted in the death of a worker; Mr Hanna, as a director, was deemed guilty by virtue of s 26(1). The seriousness of the breach, despite mitigating subjective circumstances and early guilty pleas, warranted substantial monetary penalties for both defendants, and no exercise of discretion under s 10 of the Crimes (Sentencing Procedure) Act 1999 for Mr Hanna.

Court Disposition

Each defendant found guilty and convicted. Monetary penalties imposed. Costs awarded to prosecutor. No s 10 bond for Mr Hanna.

Orders

  • ['Each of the defendants is found guilty of the offence charged and convicted accordingly.' 'A monetary penalty of $150,000 is imposed on Smart Gas Services Pty Ltd and of $8,000 on Glenn Anthony Hanna with a moiety in each case to the prosecutor.' 'The defendants are to pay the costs of the prosecutor in the...