Inspector Hinton v David Tanti [2011] NSWIRComm 97

Inspector Hinton v David Tanti [2011] NSWIRComm 97

The defendant, as the controlling mind and site manager responsible for Tanti Demolition's demolition work, pleaded guilty to the offence. The company failed to provide basic required protective measures including hoarding, scaffolding, overhead protection and bracing for a wall adjoining a public footpath and thoroughfare. Those omissions created an obvious and foreseeable serious risk to members of the public, realised when a 32 metre section of wall collapsed and caused substantial property damage. The offence was objectively very serious, and windy conditions did not materially reduce culpability because the defendant was required to ensure safety in all circumstances. Taking into...

Jurisdiction
Australia
Judgment Date
07 June 2011
Procedural Posture
Occupational Health and Safety Prosecution for Breach of S 8(2) by Virtue of S 26(1) of the Occupational Health and Safety Act 2000 (nsw) / Penalty and Sentence After Plea of Guilty
Outcome
Defendant found guilty and fined $15,000 with a moiety to the prosecutor; defendant ordered to pay the prosecutor's costs.
Legal Topics
['demolition Work' 'failure to Protect Members of the Public From Falling Bricks, Rubble, Debris or Collapse of a Brick Wall' 'contravention of Australian Standards for Demolition' 'objective Seriousness' 'foreseeability of Risk' 'general and Specific Deterrence' 'guilty Plea Discount' 'remorse and Contrition' 'financial Circumstances' 'costs']
['occupational Health and Safety' 'industrial Law' 'criminal Sentencing'] ['demolition Work' 'failure to Protect Members of the Public From Falling Bricks, Rubble, Debris or Collapse of a Brick Wall' 'contravention of Australian Standards for Demolition' 'objective Seriousness' 'foreseeability of Risk' 'general and Specific Deterrence' 'guilty Plea Discount' 'remorse and Contrition' 'financial Circumstances' 'costs']

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Procedural Posture

Occupational Health and Safety Prosecution for Breach of S 8(2) by Virtue of S 26(1) of the Occupational Health and Safety Act 2000 (nsw) / Penalty and Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant was guilty of the offence charged after pleading guilty to a breach of s 8(2) by virtue of s 26(1) of the Occupational Health and Safety Act 2000 (NSW).' 'What penalty should be imposed for failing to ensure that people other than employees were not exposed to risks to health or safety arising from demolition work.' 'How the Court should assess objective seriousness, foreseeability, potential risk, deterrence, remorse, financial circumstances, prior record and the early plea of guilty.']

Ratio Decidendi

The defendant, as the controlling mind and site manager responsible for Tanti Demolition's demolition work, pleaded guilty to the offence. The company failed to provide basic required protective measures including hoarding, scaffolding, overhead protection and bracing for a wall adjoining a public footpath and thoroughfare. Those omissions created an obvious and foreseeable serious risk to members of the public, realised when a 32 metre section of wall collapsed and caused substantial property damage. The offence was objectively very serious, and windy conditions did not materially reduce culpability because the defendant was required to ensure safety in all circumstances. Taking into...

Court Disposition

Defendant found guilty and fined $15,000 with a moiety to the prosecutor; defendant ordered to pay the prosecutor's costs.

Orders

  • ['In Matter No IRC1159 of 2010, I find the defendant guilty of the offence as charged.' 'The defendant is fined in the sum of $15,000 with a moiety to the prosecutor.' 'The defendant to pay the costs of the prosecutor. There has been no agreement between the parties as to the quantification of the costs. I will hear...