Inspector Clothier v Malcolm McIntyre trading as Corambie Pastoral Company and another [2007] NSWIRComm 40

Inspector Clothier v Malcolm McIntyre trading as Corambie Pastoral Company and another [2007] NSWIRComm 40

The defendants, as controllers of plant, failed to ensure a farming auger was safe and without risks to health when properly used, resulting in serious injury to a worker. The risk of entanglement was obvious and foreseeable, and simple measures (guarding the auger) could have eliminated it. The safety system was deficient, including no induction or risk assessment. The seriousness of the offence warrants a penalty reflecting both deterrence and mitigating factors such as guilty pleas, cooperation, absence of prior convictions, and post-accident improvements. Application for orders under s 10 Crimes (Sentencing Procedure) Act 1999 and s 116 Occupational Health and Safety Act 2000 were...

Jurisdiction
Australia
Judgment Date
28 February 2007
Procedural Posture
Criminal Prosecution Under Occupational Health and Safety Legislation / Sentencing Decision
Outcome
Conviction and fines imposed; orders for costs.
Legal Topics
['sentencing' 'risk Assessment' 'safety System' 'deterrence' 'totality Principle' 'application of S 10 Crimes (sentencing Procedure) Act 1999' 'application of S 6 Fines Act 1996' 'application for Order Under S 116 Occupational Health and Safety Act 2000']
['occupational Health and Safety' 'criminal Law'] ['sentencing' 'risk Assessment' 'safety System' 'deterrence' 'totality Principle' 'application of S 10 Crimes (sentencing Procedure) Act 1999' 'application of S 6 Fines Act 1996' 'application for Order Under S 116 Occupational Health and Safety Act 2000']

Case Brief

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Procedural Posture

Criminal Prosecution Under Occupational Health and Safety Legislation / Sentencing Decision

Legal Issues

  1. 1 ['Whether the defendants failed to ensure plant was safe and without risks to health when properly used' 'Whether the safety system in place prior to the offences was sufficient' 'Appropriate penalty assessment considering seriousness, personal factors, and totality principle' 'Applicability of s 10 Crimes (Sentencing Procedure) Act 1999 and s 116 Occupational Health and Safety Act 2000 to the penalties']

Ratio Decidendi

The defendants, as controllers of plant, failed to ensure a farming auger was safe and without risks to health when properly used, resulting in serious injury to a worker. The risk of entanglement was obvious and foreseeable, and simple measures (guarding the auger) could have eliminated it. The safety system was deficient, including no induction or risk assessment. The seriousness of the offence warrants a penalty reflecting both deterrence and mitigating factors such as guilty pleas, cooperation, absence of prior convictions, and post-accident improvements. Application for orders under s 10 Crimes (Sentencing Procedure) Act 1999 and s 116 Occupational Health and Safety Act 2000 were...

Court Disposition

Conviction and fines imposed; orders for costs.

Orders

  • ['Malcolm McIntyre trading as Corambie Pastoral Company is convicted and fined $6,000 with a moiety to the prosecutor.' 'Tracy McIntyre trading as Corambie Pastoral Company is convicted and fined $6,000 with a moiety to the prosecutor.' "Both defendants to jointly pay prosecutor's costs as agreed or as assessed."]