Inspector Jason Andrew Wall (WorkCover Authority of New South Wales) v Lubo Medich Holdings Pty Ltd [2011] NSWIRComm 18

Inspector Jason Andrew Wall (WorkCover Authority of New South Wales) v Lubo Medich Holdings Pty Ltd [2011] NSWIRComm 18

The defendants failed to implement or enforce adequate safety systems, failed to provide training or supervision, and thereby exposed employees and others to foreseeable and serious risks while working at height, directly causing the fatal accident. These failures amounted to serious breaches of the Occupational Health and Safety Act 2000. Sentences imposed must reflect the seriousness, the need for deterrence, the principle of totality, and the mitigating factors including early guilty pleas and prior good character, but not warrant leniency under s 10 Crimes (Sentencing Procedure) Act 1999.

Parties
Prosecutor: Inspector Jason Andrew Wall (WorkCover Authority of New South Wales); Defendant: Lubo Medich Holdings Pty Ltd; Defendant: John Matthew Medich
Jurisdiction
Australia
Judgment Date
09 March 2011
Procedural Posture
Sentence / Judgment After Plea of Guilty
Outcome
Conviction and fines imposed; application for s 10 order refused; costs orders made.
Legal Topics
Occupational Health and Safety Act 2000, Sentencing, Employer Liability, Workplace Accident, Fall From Height, System of Work, Employee Training, Risk Assessment
Occupational Health and Safety Industrial Law Occupational Health and Safety Act 2000 Sentencing Employer Liability Workplace Accident Fall From Height System of Work +2 more

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Parties

Inspector Jason Andrew Wall (WorkCover Authority of New South Wales)

Prosecutor

Lubo Medich Holdings Pty Ltd

Defendant

John Matthew Medich

Defendant

Procedural Posture

Sentence / Judgment After Plea of Guilty

Legal Issues

  1. 1 Whether Lubo Medich Holdings Pty Ltd and John Matthew Medich breached occupational health and safety duties under the Occupational Health and Safety Act 2000 resulting in a fatal workplace accident
  2. 2 Appropriate penalties for breaches under s 8(1) and s 8(2) OHS Act 2000, including application of totality principle and s 10 Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The defendants failed to implement or enforce adequate safety systems, failed to provide training or supervision, and thereby exposed employees and others to foreseeable and serious risks while working at height, directly causing the fatal accident. These failures amounted to serious breaches of the Occupational Health and Safety Act 2000. Sentences imposed must reflect the seriousness, the need for deterrence, the principle of totality, and the mitigating factors including early guilty pleas and prior good character, but not warrant leniency under s 10 Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Conviction and fines imposed; application for s 10 order refused; costs orders made.

Orders

  • Lubo Medich Holdings Pty Ltd convicted and fined $61,000 in No IC 1262 of 2009 with a moiety to the prosecutor.
  • Lubo Medich Holdings Pty Ltd convicted and fined $61,000 in No IC 1263 of 2009 with a moiety to the prosecutor.