Inspector Michael Salmon v BB Wool Skins (Australia) Pty Ltd [2003] NSWIRComm 420

Inspector Michael Salmon v BB Wool Skins (Australia) Pty Ltd [2003] NSWIRComm 420

BB Wool & Skins (Australia) Pty Limited was convicted and fined $75,000 because an employee of TC Management Services Limited was exposed at its workplace to a reasonably foreseeable risk of serious injury from a de-burring machine, although penalty was reduced for subjective matters including the guilty plea, financial circumstances, contrition, no prior convictions, remedial action, and the uncharged contractor. TC Management Services Limited was convicted and fined notionally $1 because its criminality added nothing beyond that of BB Wool & Skins within the same family corporate structure, making a further substantive penalty unreasonable.

Jurisdiction
Australia
Judgment Date
24 November 2003
Procedural Posture
Prosecutions Under the Occupational Health and Safety Act 1983 / Sentence After Pleas of Guilty; Ex Tempore Judgment
Outcome
Both defendants convicted. BB Wool & Skins (Australia) Pty Limited fined $75,000 with a moiety remitted to the WorkCover Authority and ordered to pay prosecution costs in IRC403 of 2002. TC Management Services Limited fined notionally $1 with no order for costs.
Legal Topics
['exposure to Risk of Injury at a Place of Work' 'dangerous Machinery' 'guilty Plea' 'objective and Subjective Sentencing Factors' 'general and Specific Deterrence' 'corporate Defendant Financial Circumstances' 'costs']
['occupational Health and Safety' 'industrial Relations' 'criminal Sentencing'] ['exposure to Risk of Injury at a Place of Work' 'dangerous Machinery' 'guilty Plea' 'objective and Subjective Sentencing Factors' 'general and Specific Deterrence' 'corporate Defendant Financial Circumstances' 'costs']

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Procedural Posture

Prosecutions Under the Occupational Health and Safety Act 1983 / Sentence After Pleas of Guilty; Ex Tempore Judgment

Legal Issues

  1. 1 ['What penalty should be imposed on BB Wool & Skins (Australia) Pty Limited for an offence under s 16(1) of the Occupational Health and Safety Act 1983 involving exposure to risk of injury from a de-burring machine.' 'What penalty should be imposed on TC Management Services Limited for an offence under s 15(1) of the Occupational Health and Safety Act 1983 arising from the same incident.' 'Whether costs should be ordered against the defendants.']

Ratio Decidendi

BB Wool & Skins (Australia) Pty Limited was convicted and fined $75,000 because an employee of TC Management Services Limited was exposed at its workplace to a reasonably foreseeable risk of serious injury from a de-burring machine, although penalty was reduced for subjective matters including the guilty plea, financial circumstances, contrition, no prior convictions, remedial action, and the uncharged contractor. TC Management Services Limited was convicted and fined notionally $1 because its criminality added nothing beyond that of BB Wool & Skins within the same family corporate structure, making a further substantive penalty unreasonable.

Court Disposition

Both defendants convicted. BB Wool & Skins (Australia) Pty Limited fined $75,000 with a moiety remitted to the WorkCover Authority and ordered to pay prosecution costs in IRC403 of 2002. TC Management Services Limited fined notionally $1 with no order for costs.

Orders

  • ['BB Wool & Skins (Australia) Pty Limited is convicted and fined $75,000.' 'A moiety of the fine is to be remitted to the WorkCover Authority.' 'TC Management Services Limited is convicted and fined notionally $1.' 'BB Wool & Skins (Australia) Pty Limited is to pay the costs of the prosecution in IRC403 of 2002.'...