Inspector Batty v David Smith t-as David Smith Roofing and Guttering [2009] NSWIRComm 203

Inspector Batty v David Smith t-as David Smith Roofing and Guttering [2009] NSWIRComm 203

The defendant was found to have seriously breached his duties under s 8(1) of the Occupational Health and Safety Act 2000 by failing to provide adequate safety measures, equipment, supervision, and training to prevent risk of injury to his employees during roofing works; however, as elements overlapped with his prior criminal conviction for manslaughter arising from the incident, only non-overlapping elements were considered for sentencing, which, together with subjective factors and financial circumstances, warranted a conviction and a reduced fine.

Jurisdiction
Australia
Judgment Date
27 November 2009
Procedural Posture
Prosecution Under Occupational Health and Safety Act 2000 / Sentencing Judgment
Outcome
Conviction entered for breach of s 8(1) Occupational Health and Safety Act 2000; fine imposed; costs order made.
Legal Topics
['workplace Safety' 'employer Duties' 'sentencing' 'double Jeopardy' 'manslaughter']
['occupational Health and Safety' 'criminal Law'] ['workplace Safety' 'employer Duties' 'sentencing' 'double Jeopardy' 'manslaughter']

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Procedural Posture

Prosecution Under Occupational Health and Safety Act 2000 / Sentencing Judgment

Legal Issues

  1. 1 ['Whether the defendant failed to ensure health, safety and welfare at work of all employees under s 8(1) of the Occupational Health and Safety Act 2000; extent of overlap with prior manslaughter conviction; appropriate penalty given risk to workers and prior criminal proceedings.']

Ratio Decidendi

The defendant was found to have seriously breached his duties under s 8(1) of the Occupational Health and Safety Act 2000 by failing to provide adequate safety measures, equipment, supervision, and training to prevent risk of injury to his employees during roofing works; however, as elements overlapped with his prior criminal conviction for manslaughter arising from the incident, only non-overlapping elements were considered for sentencing, which, together with subjective factors and financial circumstances, warranted a conviction and a reduced fine.

Court Disposition

Conviction entered for breach of s 8(1) Occupational Health and Safety Act 2000; fine imposed; costs order made.

Orders

  • ['David Peter Smith is convicted of a breach of s 8(1) of the Occupational Health and Safety Act 2000 as particularised in the Amended Application for Order in Matter No IRC 3185 of 2006.' 'The defendant is fined the sum of $5,000 with half that amount to be paid to the prosecutor by way of moiety.' 'The defendant...