Morrison v P & H Minepro Australasia Pty Ltd [2009] NSWIRComm 144

Morrison v P & H Minepro Australasia Pty Ltd [2009] NSWIRComm 144

The defendant's inadequate risk assessment, unsafe work systems, failure to ensure proper training and instruction, and provision of an EWP with a faulty Drive Joystick created a foreseeable serious risk of crush injury to Mr Belle and Mr Baxter. Although the defendant had OHS systems and took remedial steps, the offences were mid-range in seriousness. After allowing a 20 per cent discount for the guilty pleas and applying totality, fines of $130,000 were imposed for each offence.

Jurisdiction
Australia
Judgment Date
31 August 2009
Procedural Posture
Prosecutions Under S 8(1) and S 8(2) of the Occupational Health and Safety Act 2000 / Sentencing After Guilty Pleas
Outcome
The defendant was found guilty and convicted of each offence, fined $130,000 in each matter, ordered to pay one half of each fine as a moiety to the prosecutor, and ordered to pay the prosecutor's costs as agreed or assessed.
Legal Topics
['employer Duties' 'elevated Work Platform' 'risk Assessment' 'safe Systems of Work' 'information and Instruction' 'guilty Plea Discount' 'general Deterrence' 'specific Deterrence' 'totality Principle' 'costs' 'moiety']
['occupational Health and Safety' 'criminal Sentencing' 'mining Safety'] ['employer Duties' 'elevated Work Platform' 'risk Assessment' 'safe Systems of Work' 'information and Instruction' 'guilty Plea Discount' 'general Deterrence' 'specific Deterrence' 'totality Principle' 'costs' 'moiety']

Case Brief

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Procedural Posture

Prosecutions Under S 8(1) and S 8(2) of the Occupational Health and Safety Act 2000 / Sentencing After Guilty Pleas

Legal Issues

  1. 1 ['Whether the defendant failed to ensure the safety of an employee and another worker while they used an Elevated Work Platform to replace hoist ropes on a P & H 4100 Shovel.' 'The objective seriousness of the offences, including the foreseeability of crush injuries, inadequacy of risk assessment and systems, training and instruction failures, and the faulty Drive Joystick.' 'The effect of remedial steps, prior convictions, guilty pleas, cooperation, contrition and remorse on sentence.' 'Whether the totality principle required adjustment of penalties for the two offences arising from the same incident.']

Ratio Decidendi

The defendant's inadequate risk assessment, unsafe work systems, failure to ensure proper training and instruction, and provision of an EWP with a faulty Drive Joystick created a foreseeable serious risk of crush injury to Mr Belle and Mr Baxter. Although the defendant had OHS systems and took remedial steps, the offences were mid-range in seriousness. After allowing a 20 per cent discount for the guilty pleas and applying totality, fines of $130,000 were imposed for each offence.

Court Disposition

The defendant was found guilty and convicted of each offence, fined $130,000 in each matter, ordered to pay one half of each fine as a moiety to the prosecutor, and ordered to pay the prosecutor's costs as agreed or assessed.

Orders

  • ['The defendants are found guilty and convicted of each offence.' 'In Matter No IRC 365 of 2008 the defendant is fined an amount of $130,000.' 'In Matter No IRC 366 of 2008 the defendant is fined an amount of $130,000.' 'In each case, one half of the fine is to be paid as a moiety to the prosecutor.' "The defendant...