Inspector Ian Lancaster v CKR Pty Limited & Another [2010] NSWIRComm 71

Inspector Ian Lancaster v CKR Pty Limited & Another [2010] NSWIRComm 71

Both the principal contractor (Cvetkovski) and subcontractor (CKR Pty Ltd) failed to implement adequate safety systems and fall protection, exposing workers to foreseeable risk of death. Their omission was objectively serious, and simple remedial measures were available but not employed. Both entered early guilty pleas, which were granted a 25% discount of penalty. CKR’s prior conviction aggravated sentencing, but its comprehensive safety regime prior to offence and limited financial capacity mitigated penalty. Penalties reflect equal culpability and deterrent goals.

Parties
Prosecutor: Inspector Ian Lancaster; Defendant: CKR Pty Limited; Defendant: Zoran Cvetkovski
Jurisdiction
Australia
Judgment Date
02 June 2010
Procedural Posture
Criminal Prosecution / Sentencing Judgment
Outcome
Both defendants convicted on pleas of guilty; fines imposed; costs orders.
Legal Topics
Workplace Safety, Principal Contractor Duties, Plea of Guilty, Sentencing, Fall From Height, Remedial Measures, General and Specific Deterrence, Capacity to Pay, Culpability, Victim Impact Statements
Occupational Health and Safety Criminal Law Workplace Safety Principal Contractor Duties Plea of Guilty Sentencing Fall From Height Remedial Measures +4 more

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Parties

Inspector Ian Lancaster

Prosecutor

CKR Pty Limited

Defendant

Zoran Cvetkovski

Defendant

Procedural Posture

Criminal Prosecution / Sentencing Judgment

Legal Issues

  1. 1 Breach of occupational health and safety duties resulting in fatality
  2. 2 Failure to implement adequate fall protection measures
  3. 3 Reasonable foreseeability of risk

Ratio Decidendi

Both the principal contractor (Cvetkovski) and subcontractor (CKR Pty Ltd) failed to implement adequate safety systems and fall protection, exposing workers to foreseeable risk of death. Their omission was objectively serious, and simple remedial measures were available but not employed. Both entered early guilty pleas, which were granted a 25% discount of penalty. CKR’s prior conviction aggravated sentencing, but its comprehensive safety regime prior to offence and limited financial capacity mitigated penalty. Penalties reflect equal culpability and deterrent goals.

Court Disposition

Both defendants convicted on pleas of guilty; fines imposed; costs orders.

Orders

  • CKR Pty Ltd convicted and fined $100,000 with a moiety to the prosecutor.
  • CKR Pty Ltd to pay prosecutor's reasonable costs as agreed or assessed.