Inspector John Patton v Bi-Lo Pty Limited and Another [2010] NSWIRComm 38

Inspector John Patton v Bi-Lo Pty Limited and Another [2010] NSWIRComm 38

Both Bi-Lo Pty Limited and Fidoto Pty Limited failed to provide a safe system of work for loading and unloading bales of cardboard, exposing workers to a risk of falling from height in breach of the Occupational Health and Safety Act 2000. Risk assessments and protocols were inadequate and foreseeable, and remedial measures were available. Both defendants pleaded guilty, and utilitarian discounts were applied, but prior convictions precluded further leniency. Equal culpability was found, warranting financial penalties and costs orders.

Jurisdiction
Australia
Judgment Date
26 March 2010
Procedural Posture
Criminal Prosecution / Sentence Judgment
Outcome
convicted and fined
Legal Topics
['workplace Safety' 'falls From Height' 'risk Assessment' 'manual Handling' 'sentencing' 'prior Convictions' 'remedial Measures']
['occupational Health and Safety' 'criminal Law'] ['workplace Safety' 'falls From Height' 'risk Assessment' 'manual Handling' 'sentencing' 'prior Convictions' 'remedial Measures']

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Procedural Posture

Criminal Prosecution / Sentence Judgment

Legal Issues

  1. 1 ['Whether Bi-Lo Pty Limited and Fidoto Pty Limited breached the Occupational Health and Safety Act 2000 by failing to provide a safe system of work for the loading and unloading of bales of cardboard, exposing workers to risk of falling from height' 'Assessment of objective seriousness of the offences' 'Appropriate penal disposition and costs following guilty pleas']

Ratio Decidendi

Both Bi-Lo Pty Limited and Fidoto Pty Limited failed to provide a safe system of work for loading and unloading bales of cardboard, exposing workers to a risk of falling from height in breach of the Occupational Health and Safety Act 2000. Risk assessments and protocols were inadequate and foreseeable, and remedial measures were available. Both defendants pleaded guilty, and utilitarian discounts were applied, but prior convictions precluded further leniency. Equal culpability was found, warranting financial penalties and costs orders.

Court Disposition

convicted and fined

Orders

  • ['In No. IC 150 of 2008, Bi-Lo Pty Limited is convicted of the offence and fined $45,000 with a moiety to the prosecutor.' 'In No. IC 151 of 2008, Bi-Lo Pty Limited is convicted of the offence and fined $45,000 with a moiety to the prosecutor.' 'In IC Nos 150 and 151, Bi-Lo Pty Limited is to pay the reasonable costs...