Debri Pty Ltd t/as R and K Installations v Morrison

Debri Pty Ltd, trading as R & K Installations, appealed against its conviction and sentence in the Magistrates Court of Western Australia, as well as the costs order imposed on it. The appeal was heard by Heenan J in the Supreme Court of Western Australia. The appellant was found to be in breach of the Occupational Safety and Health Act 1984 (WA), specifically failing to provide and maintain a working environment in which employees were not exposed to hazards and failing to take practicable measures to ensure the safety of employees, leading to serious harm to an employee. The appeal focused on the alleged inconsistencies in the Magistrate's findings, the adequacy of the training and supervision provided, and the proportionality of the penalty and costs order.

The court examined the evidence and submissions presented and found no inconsistency in the Magistrate's findings. The court concluded that the appellant had failed to adequately train and supervise the injured employee, who was inexperienced and had never worked at such heights before. Furthermore, the court found that there was sufficient evidence to support the Magistrate's conclusions and that the penalty imposed was well within the range of penalties seen in similar cases. As a result, the court refused the application for leave to appeal against the conviction, sentence, and costs order. The court also ordered that the appellant pay the respondent's costs of the proceedings.