WorkCover Authority of NSW v OCS Fun Pty Ptd [2014] NSWDC 375

WorkCover Authority of NSW v OCS Fun Pty Ptd [2014] NSWDC 375

The defendant, as an operator of an amusement device, failed so far as was reasonably practicable to ensure a child was not exposed to a risk of death or serious injury arising from a foreseeable hazard (an uncovered void between carriages) on the ride, leading to conviction and imposition of a fine reflecting both the gravity of the risk and mitigation for plea and cooperation.

Jurisdiction
Australia
Judgment Date
23 October 2014
Procedural Posture
Criminal / Sentence
Outcome
The defendant is convicted and fined
Legal Topics
['prosecution' 'work Health and Safety' 'risk of Death or Serious Injury' 'amusement Ride Fall' 'foreseeable Risk' 'sentencing' 'fine' 'capacity to Pay' 'deterrence' 'prosecution Costs']
['criminal Law' 'work Health and Safety'] ['prosecution' 'work Health and Safety' 'risk of Death or Serious Injury' 'amusement Ride Fall' 'foreseeable Risk' 'sentencing' 'fine' 'capacity to Pay' 'deterrence' 'prosecution Costs']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether OCS Fun Pty Ltd failed, so far as was reasonably practicable, to protect a child from the risk of death or serious injury while operating an amusement ride']

Ratio Decidendi

The defendant, as an operator of an amusement device, failed so far as was reasonably practicable to ensure a child was not exposed to a risk of death or serious injury arising from a foreseeable hazard (an uncovered void between carriages) on the ride, leading to conviction and imposition of a fine reflecting both the gravity of the risk and mitigation for plea and cooperation.

Court Disposition

The defendant is convicted and fined

Orders

  • ['The defendant is convicted and fined $60,000.' "The defendant is to pay prosecutor's costs of $12,500." 'Total burden on defendant is $72,500, being 40% of pre-tax operating profit for year ended June 2014.' 'The defendant is to pay the prosecutor a moiety of the fine.']