Inspector Brown v Raffo [2013] NSWIRComm 39

Inspector Brown v Raffo [2013] NSWIRComm 39

The defendants' failures created a very serious, known and reasonably foreseeable risk of serious injury from an unprotected 3.4 metre stairwell void, and simple measures such as covering the void, erecting handrails or barriers, or postponing work were available. MRD, as principal contractor and site controller, failed to make the site safe and warn Costa's employees; Costa failed to ensure fall protection and adequate supervision for its employees working at height; and Mr Raffo's culpability as director was no greater than MRD's. Taking account of deterrence, equal culpability between MRD and Costa, early guilty pleas, absence of prior convictions, cooperation, contrition, remedial...

Jurisdiction
Australia
Judgment Date
28 May 2013
Procedural Posture
Occupational Health and Safety Prosecution / Sentence Following Pleas of Guilty
Outcome
All three defendants were convicted and fined after pleading guilty.
Legal Topics
['risk of Falling Through Open Stairwell Void' 'construction Site Safety' 'duties of Principal Contractor and Employer' 'objective Seriousness' 'deterrence' 'mitigating Factors' 'guilty Plea Discount' 'contrition' 'capacity to Pay Fine']
['occupational Health and Safety' 'criminal Sentencing'] ['risk of Falling Through Open Stairwell Void' 'construction Site Safety' 'duties of Principal Contractor and Employer' 'objective Seriousness' 'deterrence' 'mitigating Factors' 'guilty Plea Discount' 'contrition' 'capacity to Pay Fine']

Case Brief

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Procedural Posture

Occupational Health and Safety Prosecution / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['The objective seriousness of the offences arising from an unprotected open stairwell void at a construction site.' 'Whether the risk to safety was serious, known and reasonably foreseeable.' 'Whether simple measures were available to obviate, control or eliminate the risk.' 'The relevance of general and specific deterrence in fixing penalty.' 'The mitigating effect of early guilty pleas, absence of prior convictions, cooperation, contrition, remedial measures and financial capacity.' 'The relative culpability and parity between the defendants.']

Ratio Decidendi

The defendants' failures created a very serious, known and reasonably foreseeable risk of serious injury from an unprotected 3.4 metre stairwell void, and simple measures such as covering the void, erecting handrails or barriers, or postponing work were available. MRD, as principal contractor and site controller, failed to make the site safe and warn Costa's employees; Costa failed to ensure fall protection and adequate supervision for its employees working at height; and Mr Raffo's culpability as director was no greater than MRD's. Taking account of deterrence, equal culpability between MRD and Costa, early guilty pleas, absence of prior convictions, cooperation, contrition, remedial...

Court Disposition

All three defendants were convicted and fined after pleading guilty.

Orders

  • ['In IRC 1779 of 2011, Massood Raffo is convicted of the offence.' 'In IRC 1779 of 2011, Massood Raffo is fined $7,000 with a moiety to the prosecutor.' "In IRC 1779 of 2011, Massood Raffo is to pay the prosecutor's costs and disbursements as agreed or in the absence of agreement, as assessed." 'In IRC 1780 of 2011,...