Inspector Melissa Chaston v Sacco Builders Pty Ltd and Others [2008] NSWIRComm 152

Inspector Melissa Chaston v Sacco Builders Pty Ltd and Others [2008] NSWIRComm 152

The offences were objectively very serious because each defendant failed to ensure safe work methods, adequate risk assessment, proper training, instruction and supervision, and effective fall protection for a trainee operating a boom lift at height near roof purlins, exposing him to an obvious and reasonably foreseeable serious risk that manifested in his death. The defendants' culpability was equal notwithstanding contractual arrangements or SMC's direct involvement, because each had statutory safety obligations that could not be delegated. Mitigation was allowed for pre-existing safety systems, early guilty pleas, remorse, absence of prior convictions, cooperation, good standing and...

Jurisdiction
Australia
Judgment Date
15 August 2008
Procedural Posture
Prosecution Under the Occupational Health and Safety Act 2000 / Sentencing After Pleas of Guilty
Outcome
Each defendant was convicted and fined; applications for s 10 orders were not granted.
Legal Topics
['fatal Workplace Accident' 'construction Site Safety' 'boom Type Elevating Work Platform' 'working at Height' 'trainee Supervision' 'risk Assessment' 'safe System of Work' 'general Deterrence' 'specific Deterrence' 'pleas of Guilty' 'capacity to Pay a Fine' 'victim Impact Statements']
['occupational Health and Safety' 'criminal Sentencing'] ['fatal Workplace Accident' 'construction Site Safety' 'boom Type Elevating Work Platform' 'working at Height' 'trainee Supervision' 'risk Assessment' 'safe System of Work' 'general Deterrence' 'specific Deterrence' 'pleas of Guilty' 'capacity to Pay a Fine' 'victim Impact Statements']

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Procedural Posture

Prosecution Under the Occupational Health and Safety Act 2000 / Sentencing After Pleas of Guilty

Legal Issues

  1. 1 ['What penalties should be imposed on Sacco Builders Pty Ltd, Kaydee Engineering Pty Ltd and James Wilfred Cunningham for offences under the Occupational Health and Safety Act 2000 arising from a fatal workplace accident.' 'Whether the defendants failed to provide a safe system of work, undertake an adequate risk assessment, ensure proper training, instruction and supervision, and ensure harnesses were properly affixed when using a boom type elevating work platform near roof purlins.' 'Whether orders under s 10 of the Crimes (Sentencing Procedure) Act 1999 should be made for Kaydee Engineering Pty Ltd or James Wilfred Cunningham.' "Whether Mr Cunningham's personal and financial circumstances should mitigate penalty."]

Ratio Decidendi

The offences were objectively very serious because each defendant failed to ensure safe work methods, adequate risk assessment, proper training, instruction and supervision, and effective fall protection for a trainee operating a boom lift at height near roof purlins, exposing him to an obvious and reasonably foreseeable serious risk that manifested in his death. The defendants' culpability was equal notwithstanding contractual arrangements or SMC's direct involvement, because each had statutory safety obligations that could not be delegated. Mitigation was allowed for pre-existing safety systems, early guilty pleas, remorse, absence of prior convictions, cooperation, good standing and...

Court Disposition

Each defendant was convicted and fined; applications for s 10 orders were not granted.

Orders

  • ['In Matter No IRC 929 of 2007, Sacco Builders Pty Ltd is convicted of the offence.' 'In Matter No IRC 929 of 2007, Sacco Builders Pty Ltd is fined $180,000 with a moiety to the prosecutor.' 'In Matter No IRC 929 of 2007, Sacco Builders Pty Ltd is to pay the costs of the prosecutor as agreed, or in the absence of...