PENDAKWARAYA PUBLIC PROSECUTOR BAYANGAN SEPADU SDN BHD

PENDAKWARAYA PUBLIC PROSECUTOR BAYANGAN SEPADU SDN BHD

The Company was convicted on its unqualified guilty plea for breaching section 15(1) of the OSHA 1994 because it failed to implement practicable traffic control and escort measures, that failure caused the employee's death and, balancing aggravating (death, flagrant safety failures) and mitigating factors (early guilty plea, cooperation, restitution, remedial steps), a fine of RM40,000 (default 12 months imprisonment) is proportionate and within the prevailing sentencing range.

Citation
BK - 63 - 14 - 02/ 2020 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Defendant (employer): Bayangan Sepadu Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 August 2020
Case Number
BK - 63 - 14 - 02/ 2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Occupational Safety and Health Act 1994 Offence / Sentencing After Guilty Plea and Conviction
Outcome
Company convicted on guilty plea under section 15(1) OSHA 1994 and sentenced
Legal Topics
Employer Duty Under Section 15(1) OSHA 1994, Workplace Fatality, Sentencing Principles and Mitigation/aggravation, Traffic and Site Safety Controls
Source Language
Malay/English
Occupational Safety and Health Criminal Law Employment Law Regulatory Enforcement Employer Duty Under Section 15(1) OSHA 1994 Workplace Fatality Sentencing Principles and Mitigation/aggravation Traffic and Site Safety Controls

Case Brief

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Parties

Public Prosecutor

Prosecutor

Bayangan Sepadu Sdn Bhd

Defendant (employer)

Procedural Posture

Criminal Occupational Safety and Health Act 1994 Offence / Sentencing After Guilty Plea and Conviction

Legal Issues

  1. 1 Whether the employer breached section 15(1) by failing to ensure safety so far as practicable
  2. 2 Causation between safety failures and employee death
  3. 3 Appropriate sentence within section 19 range given aggravating and mitigating factors

Ratio Decidendi

The Company was convicted on its unqualified guilty plea for breaching section 15(1) of the OSHA 1994 because it failed to implement practicable traffic control and escort measures, that failure caused the employee's death and, balancing aggravating (death, flagrant safety failures) and mitigating factors (early guilty plea, cooperation, restitution, remedial steps), a fine of RM40,000 (default 12 months imprisonment) is proportionate and within the prevailing sentencing range.

Court Disposition

Company convicted on guilty plea under section 15(1) OSHA 1994 and sentenced

Orders

  • Fine of RM40,000.00 imposed on Bayangan Sepadu Sdn Bhd
  • In default of payment, 12 months imprisonment