Inspector Robert Johnston v Hire N' Higher Scaffolding Pty Ltd; Inspector Robert Johnston v Lipman Pty Ltd [2006] NSWIRComm 103

Inspector Robert Johnston v Hire N' Higher Scaffolding Pty Ltd; Inspector Robert Johnston v Lipman Pty Ltd [2006] NSWIRComm 103

Both defendants failed to ensure that Mr Murdock was provided with an adequate system of work or fall protection, exposing him to a foreseeable, serious risk of injury in breach of s 8(2) of the Occupational Health and Safety Act 2000. The seriousness of the conduct, deterrence, and the presence of mitigating factors including some safety measures by the second defendant, absence of prior convictions, and post-incident actions were considered, as well as the respective financial circumstances.

Parties
Prosecutor: Inspector Robert Johnston; First Defendant: Hire N' Higher Scaffolding Pty Ltd; Second Defendant: Lipman Pty Ltd
Jurisdiction
Australia
Judgment Date
27 March 2006
Procedural Posture
Criminal Prosecution / Sentencing Judgment Following Contested Findings of Guilt
Outcome
Both defendants convicted; fines imposed; orders as to costs.
Legal Topics
Workplace Safety, Employer Obligations, Falls From Heights, Sentencing, General Deterrence, Specific Deterrence
Occupational Health and Safety Criminal Law Workplace Safety Employer Obligations Falls From Heights Sentencing General Deterrence Specific Deterrence

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Parties

Inspector Robert Johnston

Prosecutor

Hire N' Higher Scaffolding Pty Ltd

First Defendant

Lipman Pty Ltd

Second Defendant

Procedural Posture

Criminal Prosecution / Sentencing Judgment Following Contested Findings of Guilt

Legal Issues

  1. 1 Whether the defendants failed to ensure the safety of a worker, resulting in risk of serious injury contrary to s 8(2) of the Occupational Health and Safety Act 2000
  2. 2 Respective culpabilities of the defendants and contribution of third parties to the risk
  3. 3 Appropriate penalty considering seriousness, deterrence, and subjective factors

Ratio Decidendi

Both defendants failed to ensure that Mr Murdock was provided with an adequate system of work or fall protection, exposing him to a foreseeable, serious risk of injury in breach of s 8(2) of the Occupational Health and Safety Act 2000. The seriousness of the conduct, deterrence, and the presence of mitigating factors including some safety measures by the second defendant, absence of prior convictions, and post-incident actions were considered, as well as the respective financial circumstances.

Court Disposition

Both defendants convicted; fines imposed; orders as to costs.

Orders

  • Hire N' Higher Scaffolding Pty Ltd convicted of the offence.
  • Hire N' Higher Scaffolding Pty Ltd fined $110,000 with a moiety to the prosecutor.