Inspector Mansell v Bernath Adler [2003] NSWIRComm 377

Inspector Mansell v Bernath Adler [2003] NSWIRComm 377

The offences were not proved beyond reasonable doubt because the prosecution did not establish that Mr Adler had control sufficient to determine where the gas supply line should be closed or to mark its route, and did not prove that he failed to prevent earthmoving machinery operating dangerously close to the charged gas supply line in the circumstances alleged.

Jurisdiction
Australia
Judgment Date
30 October 2003
Procedural Posture
Prosecution Under Section 19(a) of the Occupational Health and Safety Act 1983 / Judgment After Hearing on Charges IRC 5500 and IRC 5501 of 1999
Outcome
Defendant found not guilty on charges IRC 5501 of 1999 and IRC 5500 of 1999.
Legal Topics
['employee Duty to Take Reasonable Care' 'charged Gas Supply Line at Construction Site' 'control of Workplace Danger' 'proof Beyond Reasonable Doubt']
['occupational Health and Safety' 'industrial Law' 'criminal Prosecution'] ['employee Duty to Take Reasonable Care' 'charged Gas Supply Line at Construction Site' 'control of Workplace Danger' 'proof Beyond Reasonable Doubt']

Case Brief

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Procedural Posture

Prosecution Under Section 19(a) of the Occupational Health and Safety Act 1983 / Judgment After Hearing on Charges IRC 5500 and IRC 5501 of 1999

Legal Issues

  1. 1 ['Whether Mr Bernath Adler, as an employee, failed to take reasonable care for the health and safety of persons at his place of work by not taking adequate precautions regarding a charged gas supply line between 20 November 1995 and 4 December 1995.' 'Whether Mr Bernath Adler had sufficient control to disconnect the gas supply line remotely or to identify, protect or mark the charged gas supply line.' 'Whether Mr Bernath Adler failed to prevent the operation of earthmoving machinery close to the charged gas supply line on 4 December 1995.']

Ratio Decidendi

The offences were not proved beyond reasonable doubt because the prosecution did not establish that Mr Adler had control sufficient to determine where the gas supply line should be closed or to mark its route, and did not prove that he failed to prevent earthmoving machinery operating dangerously close to the charged gas supply line in the circumstances alleged.

Court Disposition

Defendant found not guilty on charges IRC 5501 of 1999 and IRC 5500 of 1999.

Orders

  • ['In matter number 5501 of 1999, the offences charged are not proven beyond reasonable doubt and the defendant is found not guilty.' 'In matter number 5500 of 1999, the offence is not proved and the defendant is found not guilty.']