Inspector Brian Dell v Kevin John Teeling [2010] NSWIRComm 53

Inspector Brian Dell v Kevin John Teeling [2010] NSWIRComm 53

The defendant failed to implement adequate safety systems, training, supervision, and guarding for a dangerous machine, exposing a vulnerable, inexperienced worker to an obvious and foreseeable risk resulting in death. The seriousness of the offence, both objectively and subjectively, warranted a substantial penalty despite mitigating factors such as remorse, plea of guilty, co-operation, and absence of prior convictions.

Parties
Prosecutor: Inspector Brian Dell; Defendant: Kevin John Teeling
Jurisdiction
Australia
Judgment Date
23 April 2010
Procedural Posture
Prosecution / Sentence and Judgment After Guilty Plea
Outcome
conviction and fine
Legal Topics
Employer Responsibility, Workplace Safety, Sentencing, Workplace Fatality, Young Workers, Plea of Guilty, Objective and Subjective Factors
Occupational Health and Safety Criminal Law Employer Responsibility Workplace Safety Sentencing Workplace Fatality Young Workers Plea of Guilty +1 more

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Inspector Brian Dell

Prosecutor

Kevin John Teeling

Defendant

Procedural Posture

Prosecution / Sentence and Judgment After Guilty Plea

Legal Issues

  1. 1 Whether the defendant breached s 8(1) of the Occupational Health and Safety Act 2000 by failing to ensure safety at work resulting in a fatality
  2. 2 Assessment of objective and subjective seriousness of the offence
  3. 3 Appropriate penalty taking into account mitigating and aggravating factors

Ratio Decidendi

The defendant failed to implement adequate safety systems, training, supervision, and guarding for a dangerous machine, exposing a vulnerable, inexperienced worker to an obvious and foreseeable risk resulting in death. The seriousness of the offence, both objectively and subjectively, warranted a substantial penalty despite mitigating factors such as remorse, plea of guilty, co-operation, and absence of prior convictions.

Court Disposition

conviction and fine

Orders

  • The defendant is convicted of the offence.
  • The defendant is fined $25,100 with a moiety to the prosecutor.