Inspector Beacham v J & L Marble Pty Ltd [2009] NSWIRComm 100

Inspector Beacham v J & L Marble Pty Ltd [2009] NSWIRComm 100

The defendants failed to ensure a safe system of work for moving heavy stone slabs, exposing employees to a foreseeable and serious risk of injury, contrary to s 8(1) and s 26(1) of the Occupational Health & Safety Act 2000. The risk was known and could have been eliminated by simple, inexpensive measures. The seriousness of the offence and the aggravating factor of employee death merit substantial penalties, mitigated in part by pleas of guilty, cooperation, and the corporate defendant's limited financial means.

Parties
Prosecutor: Inspector Peter Beacham; First Defendant: J & L Marble Pty Ltd; Second Defendant: Ji Liang Gao; Third Defendant: Jing Qiang Ji
Jurisdiction
Australia
Judgment Date
30 June 2009
Procedural Posture
Prosecution / Sentencing
Outcome
guilty verdicts; convictions entered; fines imposed; costs ordered
Legal Topics
Workplace Safety, Employer Duties, Director Liability, Sentencing, Deterrence, Financial Circumstances in Sentencing
Occupational Health and Safety Criminal Law Industrial Law Workplace Safety Employer Duties Director Liability Sentencing Deterrence +1 more

Case Brief

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Parties

Inspector Peter Beacham

Prosecutor

J & L Marble Pty Ltd

First Defendant

Ji Liang Gao

Second Defendant

Jing Qiang Ji

Third Defendant

Procedural Posture

Prosecution / Sentencing

Legal Issues

  1. 1 Did the defendants fail to ensure the health and safety of employees as required by s 8(1) and s 26(1) of the Occupational Health & Safety Act 2000?
  2. 2 Was the plant and system of work provided safe and without risks to health?
  3. 3 Was adequate information, instruction, training, and supervision provided?

Ratio Decidendi

The defendants failed to ensure a safe system of work for moving heavy stone slabs, exposing employees to a foreseeable and serious risk of injury, contrary to s 8(1) and s 26(1) of the Occupational Health & Safety Act 2000. The risk was known and could have been eliminated by simple, inexpensive measures. The seriousness of the offence and the aggravating factor of employee death merit substantial penalties, mitigated in part by pleas of guilty, cooperation, and the corporate defendant's limited financial means.

Court Disposition

guilty verdicts; convictions entered; fines imposed; costs ordered

Orders

  • Corporate defendant convicted and fined $90,000 with a moiety to the prosecutor; to pay prosecutor's costs as agreed or determined by court.
  • Ji Liang Gao convicted and fined $18,000 with a moiety to the prosecutor; to pay prosecutor's costs as agreed or determined by court.