Kemp v Doble, Kemp v Doble Express Transport Pty Ltd [2014] NSWSC 785

Kemp v Doble, Kemp v Doble Express Transport Pty Ltd [2014] NSWSC 785

The defendants' offences were serious examples of severe risk breaches. The five Maxi 8 gas cylinder packs were inadequately restrained on a trailer by a single improperly configured strap, without anti-slip material, blocking, over-top restraint or adequate lashing, so that the restraint capacity was far below the legal requirement. The failure caused the trailer and load to move, overturn and collide with Ms Mersing's vehicle, causing her death. The Company, as operator, had a central responsibility for the loading and restraint system, and Mr Doble, as principal director, failed to ensure adequate training, supervision and safety management. The pleas of guilty were entered very late...

Jurisdiction
Australia
Judgment Date
19 June 2014
Procedural Posture
Criminal Summary Proceedings for Offences Under the Road Transport (general) Act 2005 / Sentencing After Pleas of Guilty
Outcome
Both defendants were convicted and fined.
Legal Topics
['load Restraint Requirements' 'severe Risk Breach' 'operator Liability' 'company Director Liability' 'guilty Plea' 'general Deterrence' 'aggravating and Mitigating Factors' 'fines']
['criminal Law' 'sentencing' 'road Transport Law'] ['load Restraint Requirements' 'severe Risk Breach' 'operator Liability' 'company Director Liability' 'guilty Plea' 'general Deterrence' 'aggravating and Mitigating Factors' 'fines']

Case Brief

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Procedural Posture

Criminal Summary Proceedings for Offences Under the Road Transport (general) Act 2005 / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What penalties should be imposed on Doble Express Transport Pty Ltd for an offence contrary to s 56(1) of the Road Transport (General) Act 2005 and on Graeme John Doble for an offence contrary to s 178 of that Act.' 'Whether the breaches were properly classified as severe risk breaches for sentencing purposes.' 'What aggravating and mitigating factors applied, including the death of Ms Mersing, the absence of relevant previous convictions, remorse, likelihood of re-offending and the utilitarian value of the guilty pleas.' "Whether the defendants' post-incident steps showed they were unlikely to re-offend."]

Ratio Decidendi

The defendants' offences were serious examples of severe risk breaches. The five Maxi 8 gas cylinder packs were inadequately restrained on a trailer by a single improperly configured strap, without anti-slip material, blocking, over-top restraint or adequate lashing, so that the restraint capacity was far below the legal requirement. The failure caused the trailer and load to move, overturn and collide with Ms Mersing's vehicle, causing her death. The Company, as operator, had a central responsibility for the loading and restraint system, and Mr Doble, as principal director, failed to ensure adequate training, supervision and safety management. The pleas of guilty were entered very late...

Court Disposition

Both defendants were convicted and fined.

Orders

  • ['In proceedings number 2013/135912: I convict Doble Express Transport Pty Ltd of an offence contrary to s 56(1) of the Road Transport (General) Act 2005.' 'With respect to that offence, I impose a fine of $24,750.' 'In proceedings number 2013/135839: I convict Graeme John Doble of an offence contrary to s 178 of...