WorkCover Authority of New South Wales (Inspector Tucknott) v Stephen James Corrish t/as AKA Showtime Staging [2001] NSWIRComm 96

WorkCover Authority of New South Wales (Inspector Tucknott) v Stephen James Corrish t/as AKA Showtime Staging [2001] NSWIRComm 96

The defendant, being experienced and having undertaken to provide a safe temporary seating stand for public use, failed in their statutory duties to ensure safety and adequate certification by an engineer, contrary to s 18(2)(a) and s 18(3) of the Occupational Health and Safety Act 1983. The offences, though arising out of the same factual circumstances, warranted a substantial penalty but, applying the totality principle and allowing mitigation for the plea and other factors, a total fine of $15,000 was appropriate.

Parties
Prosecutor: WorkCover Authority of New South Wales (Inspector Tucknott); Defendant: Stephen James Corrish t/as AKA Showtime Staging
Jurisdiction
Australia
Judgment Date
10 May 2001
Procedural Posture
Prosecution Under Occupational Health and Safety Legislation / Judgment on Sentence Following Plea of Guilty
Outcome
Defendant convicted on both counts; fined and ordered to pay costs.
Legal Topics
Breach of Statutory Duty, Totality Principle in Sentencing, Fine for Safety Offence, Certification of Public Structures
Occupational Health and Safety Industrial Law Criminal Law Breach of Statutory Duty Totality Principle in Sentencing Fine for Safety Offence Certification of Public Structures

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Parties

WorkCover Authority of New South Wales (Inspector Tucknott)

Prosecutor

Stephen James Corrish t/as AKA Showtime Staging

Defendant

Procedural Posture

Prosecution Under Occupational Health and Safety Legislation / Judgment on Sentence Following Plea of Guilty

Legal Issues

  1. 1 Whether the defendant failed to ensure the temporary seating stand was safe and without risks to health when properly used (s 18(2)(a) OHS Act 1983)
  2. 2 Whether the defendant failed to ensure that nothing about the way in which the stand was erected or installed made it unsafe or a risk to health (s 18(3) OHS Act 1983)
  3. 3 Appropriate penalty for offences arising from the same facts

Ratio Decidendi

The defendant, being experienced and having undertaken to provide a safe temporary seating stand for public use, failed in their statutory duties to ensure safety and adequate certification by an engineer, contrary to s 18(2)(a) and s 18(3) of the Occupational Health and Safety Act 1983. The offences, though arising out of the same factual circumstances, warranted a substantial penalty but, applying the totality principle and allowing mitigation for the plea and other factors, a total fine of $15,000 was appropriate.

Court Disposition

Defendant convicted on both counts; fined and ordered to pay costs.

Orders

  • Defendant is convicted of both offences and fined $15,000 (with a moiety to the prosecutor).
  • Defendant is ordered to pay the prosecutor's costs in an amount as agreed or assessed.