Inspector Shepherd v Desiya Pty Ltd [2013] NSWIRComm 9

Inspector Shepherd v Desiya Pty Ltd [2013] NSWIRComm 9

Both defendants failed to ensure a safe system of work, adequate training, supervision, risk assessment, and safe working environment for employees, particularly Trevor Brown, in contravention of s 8(1) of the Occupational Health and Safety Act 2000. Their failings allowed foreseeable and serious risks to persist, resulting in the death of Trevor Brown by a moving truck. The penalties reflect the objective seriousness, aggravating factors, guilty pleas, prior conviction, deterrence, contrition, and subsequent improvements.

Parties
Prosecutor: Workcover Authority of New South Wales (Inspector Ian Shepherd); Defendant: Desiya Pty Ltd; Defendant: Vinsente Pty Ltd t/as Agrigrain
Jurisdiction
Australia
Judgment Date
12 February 2013
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Defendants convicted; financial penalties imposed; joint costs order.
Legal Topics
Employer Duties, Safe System of Work, Risk Assessment, Employee Training, Traffic Management, Sentencing for OHS Offences, Partnership Liability
Occupational Health and Safety Industrial Law Criminal Law Employer Duties Safe System of Work Risk Assessment Employee Training Traffic Management +2 more

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Parties

Workcover Authority of New South Wales (Inspector Ian Shepherd)

Prosecutor

Desiya Pty Ltd

Defendant

Vinsente Pty Ltd t/as Agrigrain

Defendant

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 Whether defendants failed to ensure health, safety and welfare of employees as required by s 8(1) of the Occupational Health and Safety Act 2000
  2. 2 Appropriate penalty for breach of OHS duty by corporate partnership
  3. 3 Effect of prior conviction on penalty

Ratio Decidendi

Both defendants failed to ensure a safe system of work, adequate training, supervision, risk assessment, and safe working environment for employees, particularly Trevor Brown, in contravention of s 8(1) of the Occupational Health and Safety Act 2000. Their failings allowed foreseeable and serious risks to persist, resulting in the death of Trevor Brown by a moving truck. The penalties reflect the objective seriousness, aggravating factors, guilty pleas, prior conviction, deterrence, contrition, and subsequent improvements.

Court Disposition

Defendants convicted; financial penalties imposed; joint costs order.

Orders

  • Desiya Pty Ltd convicted and fined $130,000 with a moiety to the prosecutor.
  • Vinsente Pty Ltd convicted and fined $200,000 with a moiety to the prosecutor.