Inspector Vierow v LBJ Crane & Rigging Pty Ltd [2003] NSWIRComm 358

Inspector Vierow v LBJ Crane & Rigging Pty Ltd [2003] NSWIRComm 358

Although the offence was proved, this is a rare case where, as a matter of practical reality, the defendant could not have ensured the offence did not occur. The company ceased trading, its principal suffered severe impact, and general or specific deterrence has no further purpose. No conviction is recorded and the proceeding is dismissed under s10 of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
24 October 2003
Procedural Posture
Prosecution / Penalty Judgment After Liability Found
Outcome
Offence proved, but no conviction recorded; proceedings dismissed under s10 Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['penalties' 'liability of Employer' 'sentencing' 'dismissal Under S10 Crimes (sentencing Procedure) Act']
['occupational Health and Safety' 'criminal Procedure'] ['penalties' 'liability of Employer' 'sentencing' 'dismissal Under S10 Crimes (sentencing Procedure) Act']

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Procedural Posture

Prosecution / Penalty Judgment After Liability Found

Legal Issues

  1. 1 ['Appropriate penalty for breach of Occupational Health and Safety Act 1983 s15(1)' 'Whether to dismiss the charge without conviction under s10 of the Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

Although the offence was proved, this is a rare case where, as a matter of practical reality, the defendant could not have ensured the offence did not occur. The company ceased trading, its principal suffered severe impact, and general or specific deterrence has no further purpose. No conviction is recorded and the proceeding is dismissed under s10 of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Offence proved, but no conviction recorded; proceedings dismissed under s10 Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['Offence in Matter No IRC183 of 2002 is proved but no conviction is recorded and the proceedings are dismissed.']