Tyler v Feature Homes Pty Ltd [2002] NSWIRComm 39

Tyler v Feature Homes Pty Ltd [2002] NSWIRComm 39

The defendant, as employer, failed to ensure that a person not in its employment (a contractor) was not exposed to health or safety risks resulting in fatal injury, in breach of statutory duty under OH&S legislation. Despite subjective factors including good record, cooperation, insolvency, and ill health of its sole director, the objective seriousness and need for deterrence warranted a penalty of $20,000, reduced from what might otherwise be imposed in light of those subjective factors.

Jurisdiction
Australia
Judgment Date
21 February 2002
Procedural Posture
Prosecution / Sentence
Outcome
Guilty plea entered; fine imposed for OH&S offence.
Legal Topics
['employer Liability' 'contractors' 'sentencing Principles' 'deterrence' 'workplace Fatality' 'penalty Assessment']
['occupational Health and Safety' 'industrial Law' 'criminal Law'] ['employer Liability' 'contractors' 'sentencing Principles' 'deterrence' 'workplace Fatality' 'penalty Assessment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Prosecution / Sentence

Legal Issues

  1. 1 ['Whether the defendant failed to ensure persons not in its employment were not exposed to health or safety risks arising from its undertaking' 'Appropriate penalty in light of plea, cooperation, financial circumstances, and gravity of offence']

Ratio Decidendi

The defendant, as employer, failed to ensure that a person not in its employment (a contractor) was not exposed to health or safety risks resulting in fatal injury, in breach of statutory duty under OH&S legislation. Despite subjective factors including good record, cooperation, insolvency, and ill health of its sole director, the objective seriousness and need for deterrence warranted a penalty of $20,000, reduced from what might otherwise be imposed in light of those subjective factors.

Court Disposition

Guilty plea entered; fine imposed for OH&S offence.

Orders

  • ['Verdict of guilty entered against the defendant as to the offence charged in Matter No IRC 2549 of 2001.' 'Penalty in the sum of $20,000 imposed in respect of that offence.' 'A moiety of that penalty be paid to the prosecutor.' "The defendant shall pay the prosecutor's costs of the proceedings and liberty to apply...