Inspector Hugh Corner v Hastings Hire Pty Ltd and Inspector Corner v John Avalon Barrie Shevlin. [2008] NSWIRComm 63

Procedural Posture

Criminal Prosecution / Sentence After Guilty Plea

Legal Issues

1. 1 ['Whether Hastings Equipment Hire Pty Ltd breached s 10(2) of the Occupational Health and Safety Act 2000 by failing to ensure plant was safe and without risks to health' 'Whether John Avalon Barrie Shevlin, as director, breached s 10(2) by operation of s 26(1) of the same Act' 'Whether the failure to provide and ensure use of safety harnesses constituted a breach' 'What appropriate penalties should be imposed after pleas of guilty']

Ratio Decidendi

Both defendants were found to have breached occupational health and safety law by failing to provide a safe system of work, including the failure to provide and require the use of safety harnesses in an elevated work platform, as required by s 10(2) of the Act (and s 26(1) for the director). The pleas of guilty, cooperation, lack of prior convictions, and remedial action since the incident were mitigating factors taken into account in sentencing, but the seriousness of the risk and breach warranted penalties.

Court Disposition

Both defendants found guilty, convicted and fined.

Orders

• ['Hastings Equipment Hire Pty Ltd fined $95,000, half payable to the prosecutor by way of moiety.' "Hastings Equipment Hire Pty Ltd to pay the prosecutor's costs, amount to be agreed or as ordered by the Court." 'John Avalon Barrie Shevlin fined $9,500, half payable to the prosecutor by way of moiety.' "John Avalon...