SafeWork NSW v Miller Logistics Pty Ltd; SafeWork NSW v Mitchell David Doble [2023] NSWDC 252

SafeWork NSW v Miller Logistics Pty Ltd; SafeWork NSW v Mitchell David Doble [2023] NSWDC 252

As both prosecutions arose from the same incident and allegations, and as evidence and witnesses are common, there is no prejudice to Mr Doble in holding a joint trial; interests of justice do not require separate hearings.

Parties
Prosecutor: SafeWork NSW; Defendant: Miller Logistics Pty Ltd; Defendant: Mitchell David Doble
Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Criminal / Interlocutory Motion (application for Separate Trials)
Outcome
Notice of Motion dismissed; matters to be heard together; costs ordered against Mr Doble
Legal Topics
Joint Trials, Separate Trials, Criminal Procedure, Interests of Justice, Work Health and Safety Duties
Criminal Law Work Health and Safety Joint Trials Separate Trials Criminal Procedure Interests of Justice Work Health and Safety Duties

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Parties

SafeWork NSW

Prosecutor

Miller Logistics Pty Ltd

Defendant

Mitchell David Doble

Defendant

Procedural Posture

Criminal / Interlocutory Motion (application for Separate Trials)

Legal Issues

  1. 1 Whether proceedings against Miller Logistics Pty Ltd and Mitchell David Doble should be heard together or separately
  2. 2 Whether the interests of justice require separate trials for the two accused persons

Ratio Decidendi

As both prosecutions arose from the same incident and allegations, and as evidence and witnesses are common, there is no prejudice to Mr Doble in holding a joint trial; interests of justice do not require separate hearings.

Court Disposition

Notice of Motion dismissed; matters to be heard together; costs ordered against Mr Doble

Orders

  • Dismiss the Notice of Motion filed by the defendant Mitchell David Doble on 19 June 2023.
  • Order the defendant Mitchell David Doble to pay the costs of SafeWork NSW in relation to the Notice of Motion.