Inspector Mark Barber v Allan Murphy and Another [2010] NSWIRComm 83

Inspector Mark Barber v Allan Murphy and Another [2010] NSWIRComm 83

The offences were established by the guilty pleas. The gravamen was the failure to ensure that the Satake Roller Mill was more effectively guarded, because the guard could be removed and employee access to moving parts remained possible. However, the objective seriousness was reduced because the guard was secured by eight Phillips head screws, YRFM had an otherwise effective and well-known procedure requiring the machine to be stopped and isolated before guard removal, and Mr Horwood was a senior and experienced employee whose failure to follow that procedure was out of character and only at a low level of reasonable foreseeability. Taking into account the serious injury, available...

Jurisdiction
Australia
Judgment Date
30 June 2010
Procedural Posture
Prosecutions Pursuant to S 8(1) and S 26(1) of the Occupational Health and Safety Act 2000 / Sentencing After Pleas of Guilty
Outcome
Allan Murphy and Young Roller Flour Mill Co Ltd were convicted and fined; each was ordered to pay the prosecutor's reasonable costs.
Legal Topics
['inadequately Guarded Machinery' 'isolation of Power Supply' 'reasonable Foreseeability of Risk' 'employee Failure to Follow Safety Procedures' 'guilty Plea Discount' 'general Deterrence' 'remedial Action']
['occupational Health and Safety' 'sentencing'] ['inadequately Guarded Machinery' 'isolation of Power Supply' 'reasonable Foreseeability of Risk' 'employee Failure to Follow Safety Procedures' 'guilty Plea Discount' 'general Deterrence' 'remedial Action']

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 Pursuant to S 8(1) and S 26(1) of the Occupational Health and Safety Act 2000 / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['Whether Young Roller Flour Mill Co Ltd failed to ensure the health, safety and welfare at work of its employees by failing to ensure adequate guarding or other controls for the Satake Roller Mill.' 'Whether Young Roller Flour Mill Co Ltd failed to ensure a safe system of work for isolation of power and maintenance of the Satake Roller Mill.' 'Whether Allan Murphy was liable under s 8(1) by virtue of s 26(1) of the Occupational Health and Safety Act 2000.' 'What penalties should be imposed having regard to objective seriousness, foreseeability, guilty pleas, prior convictions, remedial action, contrition and deterrence.']

Ratio Decidendi

The offences were established by the guilty pleas. The gravamen was the failure to ensure that the Satake Roller Mill was more effectively guarded, because the guard could be removed and employee access to moving parts remained possible. However, the objective seriousness was reduced because the guard was secured by eight Phillips head screws, YRFM had an otherwise effective and well-known procedure requiring the machine to be stopped and isolated before guard removal, and Mr Horwood was a senior and experienced employee whose failure to follow that procedure was out of character and only at a low level of reasonable foreseeability. Taking into account the serious injury, available...

Court Disposition

Allan Murphy and Young Roller Flour Mill Co Ltd were convicted and fined; each was ordered to pay the prosecutor's reasonable costs.

Orders

  • ['In IRC 499 of 2009, Allan Murphy is convicted of the offence and fined $6,500 with a moiety to the prosecutor.' 'In IRC 499 of 2009, Allan Murphy is to pay the reasonable costs of the prosecutor as agreed or, in the absence of agreement, as assessed.' 'In IRC 500 of 2009, Young Roller Flour Mill Co Ltd is...