Inspector Robert Wilkie v Noel Thomas Nicholson & Anor [2005] NSWIRComm 146

Inspector Robert Wilkie v Noel Thomas Nicholson & Anor [2005] NSWIRComm 146

Each defendant was guilty because the partnership failed to provide and maintain a safe system of work, failed to conduct any proper risk assessment, failed to require independent support for the raised cabin, failed to devise safe work methods, and failed to provide adequate information, training, instruction and supervision. The risk that an unsupported raised truck cabin could collapse onto an employee working beneath it was foreseeable and avoidable, and the employees' experience and qualifications did not answer the statutory obligation. The offence was serious, but penalty was moderated by the guilty pleas, absence of prior convictions, good character, community contribution,...

Jurisdiction
Australia
Judgment Date
19 May 2005
Procedural Posture
Prosecutions Under S8(1) of the Occupational Health and Safety Act 2000 (nsw) / Sentence After Pleas of Guilty
Outcome
Both defendants were found guilty and each was fined $27,800 with a moiety to the prosecutor; the defendants were ordered to pay the prosecutor's costs, with quantification reserved if not agreed.
Legal Topics
['employer Duties' 'safe Systems of Work' 'risk Assessment' 'training, Instruction and Supervision' 'workplace Injury' 'deterrence' 'guilty Plea' 'costs']
['occupational Health and Safety' 'industrial Relations' 'criminal Sentencing'] ['employer Duties' 'safe Systems of Work' 'risk Assessment' 'training, Instruction and Supervision' 'workplace Injury' 'deterrence' 'guilty Plea' 'costs']

Case Brief

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Procedural Posture

Prosecutions Under S8(1) of the Occupational Health and Safety Act 2000 (nsw) / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['Whether each defendant breached s8(1) of the Occupational Health and Safety Act 2000 by failing to provide and maintain a safe system of work and failing to provide necessary information, training, instruction and supervision for replacing cabin mounts on a tilt cabin truck.' 'What penalty should be imposed having regard to the seriousness of the offence, foreseeability of risk, deterrence, guilty pleas, prior record, post-incident remedial measures and subjective circumstances.']

Ratio Decidendi

Each defendant was guilty because the partnership failed to provide and maintain a safe system of work, failed to conduct any proper risk assessment, failed to require independent support for the raised cabin, failed to devise safe work methods, and failed to provide adequate information, training, instruction and supervision. The risk that an unsupported raised truck cabin could collapse onto an employee working beneath it was foreseeable and avoidable, and the employees' experience and qualifications did not answer the statutory obligation. The offence was serious, but penalty was moderated by the guilty pleas, absence of prior convictions, good character, community contribution,...

Court Disposition

Both defendants were found guilty and each was fined $27,800 with a moiety to the prosecutor; the defendants were ordered to pay the prosecutor's costs, with quantification reserved if not agreed.

Orders

  • ['In matter No IRC4037 of 2004, Noel Thomas Nicholson was found guilty and fined $27,800 with a moiety to the prosecutor.' 'In matter No IRC4038 of 2004, John Dean Thomas Nicholson was found guilty and fined $27,800 with a moiety to the prosecutor.' 'The defendants are to pay the costs of the prosecutor.' 'The Court...