Rodney Morrison v Gregory Alan Gardner [2003] NSWIRComm 440

Rodney Morrison v Gregory Alan Gardner [2003] NSWIRComm 440

The defendant was guilty because, as the Mine Deputy supervising the shift, he failed to prevent Mr Edwards from skimming stook X, which had the effect of considerably reducing the stook below the required condition and exposed Mr Edwards and other workers to the risk of falling roof. The failure was serious given the safety function of stooks during pillar recovery and the risks of coal mining, but penalty was reduced for mitigating factors including the late guilty plea, lack of prior convictions, low risk of re-offending, and the personal consequences for the defendant.

Jurisdiction
Australia
Judgment Date
10 December 2003
Procedural Posture
Prosecution Under S19(a) of the Occupational Health and Safety Act 1983 / Sentencing After Plea of Guilty
Outcome
Defendant convicted of the offence charged and fined $1,275.00, with a moiety of penalty to the Department of Mineral Resources.
Legal Topics
['employee Duty to Take Reasonable Care' 'coal Mine Roof Fall' 'pillar Stripping' 'mine Deputy Duties' 'guilty Plea Discount' 'general Deterrence']
['occupational Health and Safety' 'industrial Relations' 'mining Safety' 'criminal Penalty'] ['employee Duty to Take Reasonable Care' 'coal Mine Roof Fall' 'pillar Stripping' 'mine Deputy Duties' 'guilty Plea Discount' 'general Deterrence']

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Procedural Posture

Prosecution Under S19(a) of the Occupational Health and Safety Act 1983 / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant, as a Mine Deputy, failed to take reasonable care for the health and safety of persons at his place of work by failing to prevent Barry John Edwards from skimming stook X.' 'What penalty should be imposed for the admitted breach of s19(a) of the Occupational Health and Safety Act 1983.']

Ratio Decidendi

The defendant was guilty because, as the Mine Deputy supervising the shift, he failed to prevent Mr Edwards from skimming stook X, which had the effect of considerably reducing the stook below the required condition and exposed Mr Edwards and other workers to the risk of falling roof. The failure was serious given the safety function of stooks during pillar recovery and the risks of coal mining, but penalty was reduced for mitigating factors including the late guilty plea, lack of prior convictions, low risk of re-offending, and the personal consequences for the defendant.

Court Disposition

Defendant convicted of the offence charged and fined $1,275.00, with a moiety of penalty to the Department of Mineral Resources.

Orders

  • ['The defendant is convicted of the offence with which he is charged.' 'The defendant is to pay a penalty of $1,275.00 with a moiety of penalty to the Department of Mineral Resources.' "The defendant is to pay the prosecutor's costs in a sum as may be agreed or, if not agreed, as determined by the court."]