Inspector Martin Carmody v Ronald William Frankel [2002] NSWIRComm 333

Inspector Martin Carmody v Ronald William Frankel [2002] NSWIRComm 333

Because Willtara's breach of the Occupational Health and Safety Act 1983 was serious, but the defendant pleaded guilty early, expressed contrition, cooperated with WorkCover, had no prior convictions and parity with the Power proceedings justified treating culpability as equal, the appropriate penalty was $6,000 reduced to $4,500 for the early plea.

Jurisdiction
Australia
Judgment Date
10 December 2002
Procedural Posture
Prosecution Pursuant to S 50(1) of the Occupational Health and Safety Act 1983 / Sentence After Plea of Guilty
Outcome
The defendant was found guilty, convicted and fined $4,500, with costs reserved.
Legal Topics
['director Liability' 'failure to Ensure Persons Not in Employment Were Not Exposed to Risks to Health and Safety' 'formwork Collapse' 'parity in Sentencing' 'early Guilty Plea Discount']
['occupational Health and Safety' 'sentencing'] ['director Liability' 'failure to Ensure Persons Not in Employment Were Not Exposed to Risks to Health and Safety' 'formwork Collapse' 'parity in Sentencing' 'early Guilty Plea Discount']

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Procedural Posture

Prosecution Pursuant to S 50(1) of the Occupational Health and Safety Act 1983 / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed on the defendant after his guilty plea to a breach of s 50(1) of the Occupational Health and Safety Act 1983 in connection with Willtara Constructions Pty Ltd's breach of s 16(1) of the Act." 'Whether parity should be applied by reference to the penalty imposed on Kevin Patrick Power in related proceedings.' "How the seriousness of Willtara's breach, the defendant's contrition, cooperation, lack of prior convictions and early guilty plea should affect sentence."]

Ratio Decidendi

Because Willtara's breach of the Occupational Health and Safety Act 1983 was serious, but the defendant pleaded guilty early, expressed contrition, cooperated with WorkCover, had no prior convictions and parity with the Power proceedings justified treating culpability as equal, the appropriate penalty was $6,000 reduced to $4,500 for the early plea.

Court Disposition

The defendant was found guilty, convicted and fined $4,500, with costs reserved.

Orders

  • ['The defendant is found guilty of the offence charged in the summons and is convicted accordingly.' 'The defendant is fined the sum of $4,500 with a moiety to the WorkCover Authority of New South Wales.' 'Costs are reserved and liberty to apply is granted with respect to costs.']