Inspector Gregory v S&P Jackson Pty Ltd and Scott Jackson [2009] NSWIRComm 158

Inspector Gregory v S&P Jackson Pty Ltd and Scott Jackson [2009] NSWIRComm 158

The admitted failures removed layers of safety, but the cause of the workbox fall was not known and the prosecutor had not proved beyond reasonable doubt the nature or extent of any increased risk caused by the failures. The offences were therefore at the lower end of objective seriousness and warranted nominal fines for the corporate defendant, with totality applied. In the aggregate, the nominal character of the corporate penalties, Scott Jackson's effective responsibility for those penalties as sole shareholder, and other mitigating factors justified applying s 10 of the Crimes (Sentencing Procedure) Act 1999 to discharge him on a good behaviour bond.

Jurisdiction
Australia
Judgment Date
23 September 2009
Procedural Posture
Prosecutions Under Ss 8(1) and 8(2) and Ss 8(1) and 8(2) by Virtue of S 26(1) of the Occupational Health and Safety Act 2000 / Penalty After Guilty Pleas to Amended Charges
Outcome
S&P Jackson Pty Ltd was convicted on each charge and fined $5,000 for each charge, with a moiety to the prosecutor. Scott Jackson was found guilty on each charge but discharged under s 10 on condition that he enter into a good behaviour bond for 3 months. S&P Jackson Pty Ltd was ordered to pay the prosecutor's costs.
Legal Topics
['employer Duties Under Ss 8(1) and 8(2) of the Occupational Health and Safety Act 2000' 'director Liability Under S 26(1) of the Occupational Health and Safety Act 2000' 'objective Seriousness' 'onus and Standard of Proof in Sentencing' 'principle of Totality' 'section 10 Crimes (sentencing Procedure) Act 1999']
['occupational Health and Safety' 'criminal Sentencing'] ['employer Duties Under Ss 8(1) and 8(2) of the Occupational Health and Safety Act 2000' 'director Liability Under S 26(1) of the Occupational Health and Safety Act 2000' 'objective Seriousness' 'onus and Standard of Proof in Sentencing' 'principle of Totality' 'section 10 Crimes (sentencing Procedure) Act 1999']

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Procedural Posture

Prosecutions Under Ss 8(1) and 8(2) and Ss 8(1) and 8(2) by Virtue of S 26(1) of the Occupational Health and Safety Act 2000 / Penalty After Guilty Pleas to Amended Charges

Legal Issues

  1. 1 ['What penalty should be imposed on the corporate defendant for admitted breaches of ss 8(1) and 8(2) of the Occupational Health and Safety Act 2000.' 'What penalty or order should be made in respect of Scott Jackson as director by virtue of s 26(1) of the Occupational Health and Safety Act 2000.' 'Whether the objective seriousness of the offences could be assessed above a nominal level where the cause of the workbox fall and the extent of any increased risk were not proved beyond reasonable doubt.' 'Whether the principle of totality should be applied to charges arising from the same circumstances.' 'Whether s 10 of the Crimes (Sentencing Procedure) Act 1999 should be applied to Scott Jackson.']

Ratio Decidendi

The admitted failures removed layers of safety, but the cause of the workbox fall was not known and the prosecutor had not proved beyond reasonable doubt the nature or extent of any increased risk caused by the failures. The offences were therefore at the lower end of objective seriousness and warranted nominal fines for the corporate defendant, with totality applied. In the aggregate, the nominal character of the corporate penalties, Scott Jackson's effective responsibility for those penalties as sole shareholder, and other mitigating factors justified applying s 10 of the Crimes (Sentencing Procedure) Act 1999 to discharge him on a good behaviour bond.

Court Disposition

S&P Jackson Pty Ltd was convicted on each charge and fined $5,000 for each charge, with a moiety to the prosecutor. Scott Jackson was found guilty on each charge but discharged under s 10 on condition that he enter into a good behaviour bond for 3 months. S&P Jackson Pty Ltd was ordered to pay the prosecutor's costs.

Orders

  • ['S&P Jackson Pty Ltd is found guilty of each of the charges brought against it and convicted accordingly.' 'I impose a penalty of $5,000 for each of the charges with a moiety to the prosecutor.' 'I find Scott Jackson guilty of each of the offences with which he is charged. I order that he be discharged on condition...