Director of Public Prosecutions v Seascape Constructions Pty Ltd
[2020] VCC 86
•14 February 2020
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR-18-02476
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SEASCAPE CONSTRUCTIONS Pty Ltd |
---
| JUDGE: | HER HONOUR JUDGE CANNON |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 14 February 2020 |
| DATE OF RULING | 14 February 2020 |
| CASE MAY BE CITED AS: | DPP v Seascape Constructions Pty Ltd |
| MEDIUM NEUTRAL CITATION: | [2020] VCC 86 Ruling No. 2 |
REASONS FOR RULING
---
Subject: CRIMINAL LAW
Catchwords: Pre-trial argument – Charges of failing to ensure persons other than employees were not exposed to risks - Elements of offence - Occupational Health and Safety Act 2004 (Vic) s.23(1) - Occupational Health and Safety Regulations 2017 (Vic) Reg 327(1)
Legislation Cited: Occupational Health and Safety Act 2004 (Vic); Occupational Health and Safety Regulations 2017 (Vic)
Legal Cases:Glenister v Wayne Home Earthmoving Pty Ltd [2018] VSC 390
Ruling: Elements of the offence
---
APPEARANCES: | Counsel | Solicitors |
| For the Office of Public Prosecutions | Ms F. Todd with Mr N. Goodfellow | Solicitor for Public Prosecutions |
| For the Accused Company | Mr R. Andrew | Ward Co Lawyers |
HER HONOUR:
1.For the reasons set out by Ms Todd in her submissions yesterday and this morning, I am of the view that the draft elements set out by the prosecution are appropriate in this case and they are the elements that a jury ought be advised about.
2.In my view, the submissions made by Mr Andrew, although he has adopted the language of the relevant regulation - as Ms Todd has submitted - this may well lead to a situation where the very objectives of s.23 and more broadly the purpose of the Act, are completely denied and therefore, having regard to what the purposes of the Act are and the decision of His Honour Justice McDonald in Glenister V Wayne Home Earthmoving [2018] VSC 390 especially at paragraph 16, the draft elements that are set out by the prosecution seem to me to be entirely appropriate.
0