Inspector Childs v Area Concrete Pumping Pty Ltd and others [2013] NSWIRComm 110

Inspector Childs v Area Concrete Pumping Pty Ltd and others [2013] NSWIRComm 110

The applications to withdraw pleas of guilty were dismissed as the defendants, represented by experienced counsel and in possession of all relevant material, had knowingly admitted the legal elements of the offences, including that the construction site was ACP's 'place of work.' The new particulars did not materially alter the legal or factual basis of the charges, nor was any new evidence presented to put the pleas in question. There was therefore no miscarriage of justice requiring the withdrawal of the pleas.

Parties
Prosecutor: Inspector Barry Childs; First Defendant: Area Concrete Pumping Pty Ltd; Second Defendant: C A Woods; Third Defendant: P B Serena
Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Interlocutory Applications / Hearing of Notices of Motion to Withdraw Guilty Pleas Prior to Sentence
Outcome
Notices of Motion to withdraw pleas of guilty dismissed
Legal Topics
Withdrawal of Guilty Plea, Definition of Place of Work, Employer's Duty of Care, Exposure to Risk at Work, Sentence Procedure
Occupational Health and Safety Criminal Law Industrial Law Withdrawal of Guilty Plea Definition of Place of Work Employer's Duty of Care Exposure to Risk at Work Sentence Procedure

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Parties

Inspector Barry Childs

Prosecutor

Area Concrete Pumping Pty Ltd

First Defendant

C A Woods

Second Defendant

P B Serena

Third Defendant

Procedural Posture

Interlocutory Applications / Hearing of Notices of Motion to Withdraw Guilty Pleas Prior to Sentence

Legal Issues

  1. 1 Whether the defendants should be granted leave to withdraw pleas of guilty to charges under s 8(2) of the Occupational Health and Safety Act 2000
  2. 2 Whether the relevant construction site was the 'place of work' of the corporate defendant within the meaning of the Act
  3. 3 Whether the defendants lacked understanding of the charges at the time pleas were entered

Ratio Decidendi

The applications to withdraw pleas of guilty were dismissed as the defendants, represented by experienced counsel and in possession of all relevant material, had knowingly admitted the legal elements of the offences, including that the construction site was ACP's 'place of work.' The new particulars did not materially alter the legal or factual basis of the charges, nor was any new evidence presented to put the pleas in question. There was therefore no miscarriage of justice requiring the withdrawal of the pleas.

Court Disposition

Notices of Motion to withdraw pleas of guilty dismissed

Orders

  • The Notices of Motion filed on 7 June 2013 by the defendants in Nos. IRC 1450 and 1452 of 2008 and on 17 June 2013 in No. IRC 1454 of 2008 are dismissed.
  • Costs of the Notices of Motion are reserved.