Inspector Nicholson v Seovic Engineering Pty Limited [ACN 003 791 973] [2013] NSWIRComm 41

Inspector Nicholson v Seovic Engineering Pty Limited [ACN 003 791 973] [2013] NSWIRComm 41

Separate penalties must be imposed on the corporate defendant and individual defendants complicit in the OHS offence, based on the objective seriousness of the breach, the absence of safety procedures and risk assessment, and the availability of simple measures that would have avoided the fatality. The regulatory nature of the offence does not justify a single penalty for multiple complicit parties. Applications for relief under s 10 Crimes (Sentencing Procedure) Act 1999 are refused due to the seriousness of the breach.

Parties
Prosecutor: Inspector Sarah Nicholson; First Defendant: Seovic Engineering Pty Limited [ACN 003 791 973]; Second Defendant: John Jason Seovic; Third Defendant: Paul Garry Miskell
Jurisdiction
Australia
Judgment Date
03 June 2013
Procedural Posture
Occupational Health and Safety Prosecution / Sentence and Orders After Pleas of Guilty
Outcome
Convictions entered and fines imposed on all defendants; costs awarded to prosecutor
Legal Topics
Employer Liability, Risk Assessment, Workplace Safety, Sentencing in Regulatory Offences
Occupational Health and Safety Criminal Law Employer Liability Risk Assessment Workplace Safety Sentencing in Regulatory Offences

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Parties

Inspector Sarah Nicholson

Prosecutor

Seovic Engineering Pty Limited [ACN 003 791 973]

First Defendant

John Jason Seovic

Second Defendant

Paul Garry Miskell

Third Defendant

Procedural Posture

Occupational Health and Safety Prosecution / Sentence and Orders After Pleas of Guilty

Legal Issues

  1. 1 Whether separate penalties should be imposed on each defendant for the same OHS offence
  2. 2 Objective seriousness of the offence under s 8(1) Occupational Health and Safety Act 2000
  3. 3 Appropriateness of application under s 10 Crimes (Sentencing Procedure) Act 1999 for individual defendants

Ratio Decidendi

Separate penalties must be imposed on the corporate defendant and individual defendants complicit in the OHS offence, based on the objective seriousness of the breach, the absence of safety procedures and risk assessment, and the availability of simple measures that would have avoided the fatality. The regulatory nature of the offence does not justify a single penalty for multiple complicit parties. Applications for relief under s 10 Crimes (Sentencing Procedure) Act 1999 are refused due to the seriousness of the breach.

Court Disposition

Convictions entered and fines imposed on all defendants; costs awarded to prosecutor

Orders

  • Seovic Engineering Pty Limited convicted and fined $100,000; moiety to prosecutor
  • Seovic Engineering Pty Limited to pay prosecutor's reasonable costs, as agreed or assessed