Inspector Green v Coffey and Cork [2004] NSWIRComm 110

Inspector Green v Coffey and Cork [2004] NSWIRComm 110

The defendants, as directors, failed in their statutory duty under the Occupational Health and Safety Act 1983 to ensure persons not in their employment were not exposed to health or safety risks. Despite having a company safety policy, they failed to prepare or implement a site-specific plan, risk assessment, or shoring for a known cracked wall, resulting in serious injury. Their liability arises both from the corporation's breach of s 16(1) and their deemed liability under s 50(1). Penalties were imposed reflecting the gravity of the offence, general deterrence, mitigating factors, and their personal circumstances.

Jurisdiction
Australia
Judgment Date
28 April 2004
Procedural Posture
Prosecution / Sentencing and Judgment
Outcome
Convicted; fines imposed
Legal Topics
['section 16(1) Occupational Health and Safety Act 1983' 'section 50(1) Occupational Health and Safety Act 1983' 'duty of Care to Non Employees' 'safe Systems of Work' 'prosecution of Company Directors' 'general Deterrence in Oh&s' 'sentencing in Workplace Injury Cases']
['occupational Health and Safety' 'criminal Law'] ['section 16(1) Occupational Health and Safety Act 1983' 'section 50(1) Occupational Health and Safety Act 1983' 'duty of Care to Non Employees' 'safe Systems of Work' 'prosecution of Company Directors' 'general Deterrence in Oh&s' 'sentencing in Workplace Injury Cases']

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Procedural Posture

Prosecution / Sentencing and Judgment

Legal Issues

  1. 1 ['Whether the defendants breached s 16(1) of the Occupational Health and Safety Act 1983 by failing to ensure persons not in their employment were not exposed to health or safety risks' "Whether the defendants as directors were liable under s 50(1) for the corporation's contravention" 'Appropriate penalty and mitigating/aggravating factors for sentencing']

Ratio Decidendi

The defendants, as directors, failed in their statutory duty under the Occupational Health and Safety Act 1983 to ensure persons not in their employment were not exposed to health or safety risks. Despite having a company safety policy, they failed to prepare or implement a site-specific plan, risk assessment, or shoring for a known cracked wall, resulting in serious injury. Their liability arises both from the corporation's breach of s 16(1) and their deemed liability under s 50(1). Penalties were imposed reflecting the gravity of the offence, general deterrence, mitigating factors, and their personal circumstances.

Court Disposition

Convicted; fines imposed

Orders

  • ["Stephen Coffey: Verdict of guilty, convicted, fined $8,150 (moiety to prosecutor), ordered to pay prosecutor's costs as agreed or as determined by court." "Martin Cork: Verdict of guilty, convicted, fined $10,150 (moiety to prosecutor), ordered to pay prosecutor's costs as agreed or as determined by court."]