Inspector William Hopkins v Michael James Wherrit t/as M J Wherrit Concrete Pumping Services. Prosecution under s 15(1) of the Occupational Health and Safety Act 1983 [2001] NSWIRComm 344

Inspector William Hopkins v Michael James Wherrit t/as M J Wherrit Concrete Pumping Services. Prosecution under s 15(1) of the Occupational Health and Safety Act 1983 [2001] NSWIRComm 344

The defendant, as an employer, failed to ensure the health, safety and welfare of his employee by not providing a safe system of work, specifically adequate chocking of the truck and sufficient warnings, information, and training. These failures led to a foreseeable and preventable fatal accident, warranting conviction and penalty, with discount for early plea and further consideration for limited means and demonstrated contrition.

Jurisdiction
Australia
Judgment Date
15 February 2002
Procedural Posture
Prosecution / Sentence After Plea of Guilty
Outcome
conviction
Legal Topics
['workplace Fatality' 'employer Duty of Care' 'sentencing' 'statements of Agreed Facts' 'status of Agreed Facts in Sentencing' 'procedural Fairness']
['occupational Health and Safety' 'industrial Law'] ['workplace Fatality' 'employer Duty of Care' 'sentencing' 'statements of Agreed Facts' 'status of Agreed Facts in Sentencing' 'procedural Fairness']

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Procedural Posture

Prosecution / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the defendant breached s 15(1) of the Occupational Health and Safety Act 1983 by failing to ensure the health, safety and welfare of his employees at work resulting in a fatality' 'Whether the facts support the objective seriousness of the offence and the appropriate penalty' 'How to treat agreed statements of fact and unsworn evidence at a sentencing hearing']

Ratio Decidendi

The defendant, as an employer, failed to ensure the health, safety and welfare of his employee by not providing a safe system of work, specifically adequate chocking of the truck and sufficient warnings, information, and training. These failures led to a foreseeable and preventable fatal accident, warranting conviction and penalty, with discount for early plea and further consideration for limited means and demonstrated contrition.

Court Disposition

conviction

Orders

  • ['Conviction of Michael James Wherrit under s 15(1) of the Occupational Health and Safety Act 1983.' 'Fine of $10,000 with moiety to the prosecutor.' "Defendant to pay prosecutor's costs as agreed or as ordered by the Court."]