Inspector Spence v William Bevan Thompson [2009] NSWIRComm 205

Inspector Spence v William Bevan Thompson [2009] NSWIRComm 205

Mr Thompson was found guilty of breaching s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 because, as an employer and sub-contractor, he failed to implement or ensure fundamental safety procedures, including risk assessment, adequate training, and the provision of safety measures for working at heights. The risk was reasonably foreseeable, actual injury occurred, and mitigation was considered in penalty calculation (with specific deterrence weighted slightly, general deterrence more significantly). Penalty was further adjusted for totality, parity (in line with co-offender's penalty), early plea and the defendant's financial circumstances.

Jurisdiction
Australia
Judgment Date
18 November 2009
Procedural Posture
Occupational Health and Safety Prosecution / Sentencing Ex Tempore Judgment on Penalty
Outcome
Guilty plea accepted; defendant convicted and sentenced to monetary penalties with orders for costs.
Legal Topics
['work at Heights' 'risk Assessment' 'employee Training' 'safe Work Method Statement' 'duty of Care' 'penalty Determination' 'aggravating and Mitigating Factors' 'general and Specific Deterrence' 'totality' 'parity' 'costs']
['occupational Health and Safety' 'criminal Law' 'industrial Law'] ['work at Heights' 'risk Assessment' 'employee Training' 'safe Work Method Statement' 'duty of Care' 'penalty Determination' 'aggravating and Mitigating Factors' 'general and Specific Deterrence' 'totality' 'parity' 'costs']

Case Brief

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Procedural Posture

Occupational Health and Safety Prosecution / Sentencing Ex Tempore Judgment on Penalty

Legal Issues

  1. 1 ['Whether William Bevan Thompson failed to ensure the health and safety of his employees (s 8(1)) and non-employees (s 8(2)) at the workplace as required under the Occupational Health and Safety Act 2000' 'Objective seriousness of the breach and aggravating/mitigating circumstances relevant to penalty' 'Application of penalty, including totality, parity, and costs']

Ratio Decidendi

Mr Thompson was found guilty of breaching s 8(1) and s 8(2) of the Occupational Health and Safety Act 2000 because, as an employer and sub-contractor, he failed to implement or ensure fundamental safety procedures, including risk assessment, adequate training, and the provision of safety measures for working at heights. The risk was reasonably foreseeable, actual injury occurred, and mitigation was considered in penalty calculation (with specific deterrence weighted slightly, general deterrence more significantly). Penalty was further adjusted for totality, parity (in line with co-offender's penalty), early plea and the defendant's financial circumstances.

Court Disposition

Guilty plea accepted; defendant convicted and sentenced to monetary penalties with orders for costs.

Orders

  • ['In matter No IRC1788 of 2008, defendant fined $5,000 with a moiety to the prosecutor.' 'In matter No IRC1787 of 2008, defendant fined $5,000 with a moiety to the prosecutor.' 'Defendant to pay prosecutor’s costs except for costs of 31 August 2009, which are to be deducted for the mention.' 'Leave granted to...