Inspector Rowe v Stephensons Cranes Pty Ltd and Soltau [2010] NSWIRComm 68

Inspector Rowe v Stephensons Cranes Pty Ltd and Soltau [2010] NSWIRComm 68

The Court found that the prosecution had not proven the cause of the incident or all particulars of the charges to the requisite standard. Doubt remained as to the specific acts or omissions causally linked to the risk; therefore, sentencing could not be finalised and further submissions were required.

Parties
Prosecutor: Inspector Andrew Rowe; Defendant: Stephensons Cranes Pty Ltd; Defendant: Richard Gordon Soltau
Jurisdiction
Australia
Judgment Date
28 May 2010
Procedural Posture
Prosecution / Post Guilty Plea, Judgment Re Penalty, Further Submissions Awaited
Outcome
proceedings stood over for further submissions
Legal Topics
Breach of Statutory Duty, Workplace Safety, Sentencing, Particularisation of Charges
Occupational Health and Safety Criminal Law Breach of Statutory Duty Workplace Safety Sentencing Particularisation of Charges

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Parties

Inspector Andrew Rowe

Prosecutor

Stephensons Cranes Pty Ltd

Defendant

Richard Gordon Soltau

Defendant

Procedural Posture

Prosecution / Post Guilty Plea, Judgment Re Penalty, Further Submissions Awaited

Legal Issues

  1. 1 Whether the cause of the incident was proven to the requisite standard
  2. 2 Adequacy and particularisation of charges under Occupational Health and Safety Act 2000
  3. 3 Objective seriousness of offences and causal nexus between failures and risk

Ratio Decidendi

The Court found that the prosecution had not proven the cause of the incident or all particulars of the charges to the requisite standard. Doubt remained as to the specific acts or omissions causally linked to the risk; therefore, sentencing could not be finalised and further submissions were required.

Court Disposition

proceedings stood over for further submissions

Orders

  • Proceedings are stood over for further submissions by the parties before sentencing