Inspector Craig Hall v Lloyd A Cooper Pty Ltd [2009] NSWIRComm 142

Inspector Craig Hall v Lloyd A Cooper Pty Ltd [2009] NSWIRComm 142

Lloyd A Cooper Pty Ltd was convicted under s 8(1) of the Occupational Health and Safety Act 2000 for failing to ensure machine guards were in place, resulting in obvious and foreseeable risk and actual injury, despite some pre-existing safety systems. General and specific deterrence, seriousness of the breach, comprehensive remedial actions, cooperation, and financial position all influenced the imposition of a $82,500 fine and costs order.

Parties
Prosecutor: Inspector Craig Hall; Defendant: Lloyd A Cooper Pty Ltd
Jurisdiction
Australia
Judgment Date
20 August 2009
Procedural Posture
Prosecution / Sentence and Orders After Plea of Guilty
Outcome
Defendant convicted and fined for breach of OHS Act s 8(1)
Legal Topics
Unguarded Machinery, Workplace Safety, Sentencing, Deterrence in Oh&s
Occupational Health and Safety Criminal Law Unguarded Machinery Workplace Safety Sentencing Deterrence in Oh&s

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Parties

Inspector Craig Hall

Prosecutor

Lloyd A Cooper Pty Ltd

Defendant

Procedural Posture

Prosecution / Sentence and Orders After Plea of Guilty

Legal Issues

  1. 1 Whether Lloyd A Cooper Pty Ltd breached s 8(1) of the Occupational Health and Safety Act 2000 by allowing operation of unguarded machinery resulting in serious injury.
  2. 2 Appropriate sentencing considerations for breach, including capacity to pay, prior conviction, general and specific deterrence, and mitigating factors.

Ratio Decidendi

Lloyd A Cooper Pty Ltd was convicted under s 8(1) of the Occupational Health and Safety Act 2000 for failing to ensure machine guards were in place, resulting in obvious and foreseeable risk and actual injury, despite some pre-existing safety systems. General and specific deterrence, seriousness of the breach, comprehensive remedial actions, cooperation, and financial position all influenced the imposition of a $82,500 fine and costs order.

Court Disposition

Defendant convicted and fined for breach of OHS Act s 8(1)

Orders

  • The defendant Lloyd A Cooper Pty Ltd is convicted of the offence.
  • The defendant is fined $82,500 with a moiety to the prosecutor.