Inspector Estreich v Sangari [2012] NSWIRComm 37

Inspector Estreich v Sangari [2012] NSWIRComm 37

The defendant, who controlled the site and the scaffolding through GEC, partially dismantled scaffolding being used for work at height, left the site without warning the subcontractors or placing tags or signs, and thereby exposed workers to a foreseeable and serious risk of falling. The breach was serious, in the middle to higher range, and required substantial general and specific deterrence, but the penalty was reduced to reflect the early guilty plea and other subjective factors.

Jurisdiction
Australia
Judgment Date
01 May 2012
Procedural Posture
Prosecution for Breach of S 8(2) of the Occupational Health and Safety Act 2000 by Operation of S 26(1) / Sentencing After Guilty Plea
Outcome
Defendant found guilty and fined $22,500, with half to be paid to the prosecutor by way of moiety; defendant ordered to pay prosecutor's costs.
Legal Topics
['working at Heights' 'scaffolding Safety' 'fall Risk' 'failure to Warn' 'safe Work Method Statements' 'risk Assessment' 'general and Specific Deterrence' 'early Guilty Plea']
['occupational Health and Safety' 'industrial Law' 'criminal Sentencing'] ['working at Heights' 'scaffolding Safety' 'fall Risk' 'failure to Warn' 'safe Work Method Statements' 'risk Assessment' 'general and Specific Deterrence' 'early Guilty Plea']

Case Brief

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Procedural Posture

Prosecution for Breach of S 8(2) of the Occupational Health and Safety Act 2000 by Operation of S 26(1) / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Whether the defendant was guilty of a breach of s 8(2) of the Occupational Health and Safety Act 2000 by operation of s 26(1).' "What penalty should be imposed for the defendant's failure to ensure subcontractors were not exposed to the risk of falling from partially dismantled scaffolding." "The significance of the defendant's early guilty plea, lack of prior occupational health and safety convictions, and continued work in the building industry."]

Ratio Decidendi

The defendant, who controlled the site and the scaffolding through GEC, partially dismantled scaffolding being used for work at height, left the site without warning the subcontractors or placing tags or signs, and thereby exposed workers to a foreseeable and serious risk of falling. The breach was serious, in the middle to higher range, and required substantial general and specific deterrence, but the penalty was reduced to reflect the early guilty plea and other subjective factors.

Court Disposition

Defendant found guilty and fined $22,500, with half to be paid to the prosecutor by way of moiety; defendant ordered to pay prosecutor's costs.

Orders

  • ['The defendant, Ghazi Sangari, is found guilty of a breach of s 8(2) of the Occupational Health and Safety Act, 2000 (by operation of s 26(1)) as particularised in Matter No IRC 321 of 2011, to which the defendant entered a plea of guilty.' 'The defendant is fined the sum of $22,500 with half that amount to be paid...