Inspector James v Umeda [2009] NSWIRComm 193

Inspector James v Umeda [2009] NSWIRComm 193

The defendants breached s 8(1) by failing to ensure a safe system of work to prevent falls from height and did not provide adequate information, instruction, training, or supervision. The director, Hiroshi Umeda, was deemed guilty under s 26(1). Their objective seriousness, absence of prior convictions, full cooperation, plea of guilty, and post-incident remedial measures were all balanced in determining penalty.

Jurisdiction
Australia
Judgment Date
19 November 2009
Procedural Posture
Prosecution / Sentencing and Orders After Plea of Guilty
Outcome
Defendants found guilty and convicted; penalties imposed.
Legal Topics
['breach of S 8(1) Occupational Health and Safety Act 2000' 'director Liability S 26(1)' 'penalty Assessment' 'general and Specific Deterrence' 'workplace Injury']
['occupational Health and Safety'] ['breach of S 8(1) Occupational Health and Safety Act 2000' 'director Liability S 26(1)' 'penalty Assessment' 'general and Specific Deterrence' 'workplace Injury']

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Procedural Posture

Prosecution / Sentencing and Orders After Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendants breached s 8(1) of the Occupational Health and Safety Act 2000' 'Whether Hiroshi Umeda, as director, is deemed guilty by s 26(1)' 'What penalty is appropriate given the seriousness and circumstances']

Ratio Decidendi

The defendants breached s 8(1) by failing to ensure a safe system of work to prevent falls from height and did not provide adequate information, instruction, training, or supervision. The director, Hiroshi Umeda, was deemed guilty under s 26(1). Their objective seriousness, absence of prior convictions, full cooperation, plea of guilty, and post-incident remedial measures were all balanced in determining penalty.

Court Disposition

Defendants found guilty and convicted; penalties imposed.

Orders

  • ['Penalty of $115,000 imposed on Jun Pacific Corporation Pty Ltd' 'Penalty of $5,000 imposed on Hiroshi Umeda' 'A moiety of the penalty to the prosecutor' "Defendants to pay the prosecutor's costs, allocated proportionally to the penalties imposed"]