Inspector Robert Littley v Franklins Pty Limited (trading as Franklins) [2005] NSWIRComm 359

Inspector Robert Littley v Franklins Pty Limited (trading as Franklins) [2005] NSWIRComm 359

The defendant failed to adequately enforce a policy requiring the dock roller door to be closed and failed to provide duress alarms for employees, both of which contributed to the risk of armed robbery materialising. These failures breached s8(1) of the Occupational Health and Safety Act 2000. Despite the defendant's otherwise diligent approach to safety and post-incident contrition, general and specific deterrence require a substantial penalty.

Parties
Prosecutor: Inspector Robert Littley; Defendant: Franklins Pty Limited (trading as Franklins)
Jurisdiction
Australia
Judgment Date
07 October 2005
Procedural Posture
Prosecution / Sentencing Judgment
Outcome
Defendant found guilty. Penalty imposed.
Legal Topics
Failure to Provide Safe System of Work, Risk Management, Armed Robbery in Workplace, Employer's Safety Obligations, General and Specific Deterrence
Occupational Health and Safety Industrial Relations Criminal Law Failure to Provide Safe System of Work Risk Management Armed Robbery in Workplace Employer's Safety Obligations General and Specific Deterrence

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Parties

Inspector Robert Littley

Prosecutor

Franklins Pty Limited (trading as Franklins)

Defendant

Procedural Posture

Prosecution / Sentencing Judgment

Legal Issues

  1. 1 Whether the defendant failed to ensure health, safety and welfare at work of its employees under s8(1) of the Occupational Health and Safety Act 2000
  2. 2 Whether the defendant failed to adequately enforce its own safety policies and failed to minimise the risk of armed robbery

Ratio Decidendi

The defendant failed to adequately enforce a policy requiring the dock roller door to be closed and failed to provide duress alarms for employees, both of which contributed to the risk of armed robbery materialising. These failures breached s8(1) of the Occupational Health and Safety Act 2000. Despite the defendant's otherwise diligent approach to safety and post-incident contrition, general and specific deterrence require a substantial penalty.

Court Disposition

Defendant found guilty. Penalty imposed.

Orders

  • Defendant ordered to pay a penalty of $94,250, with a moiety to the prosecutor and the prosecutor's costs as agreed or assessed.
  • Liberty to apply as to costs if not agreed.