Farnworth v Henry Walker Contracting Pty Ltd

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FARNWORTH -v- HENRY WALKER CONTRACTING PTY LTD [2003] WASCA 126



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2003] WASCA 126
THE FULL COURT (WA)
Case No:SJA:1015/200216 MAY 2003
Coram:MURRAY J
PARKER J
MCKECHNIE J
17/06/03
20Judgment Part:1 of 1
Result: Appeal allowed
Decision of single Judge set aside
Conviction affirmed
Penalty imposed
B
PDF Version
Parties:JAMES FARNWORTH
HENRY WALKER CONTRACTING PTY LTD

Catchwords:

Criminal law and procedure
Regulatory offence
Breach of duty of employer at mine to make arrangements for safe maintenance of plant
Proof of offence
Competence of appeal by mines inspector

Legislation:

Mines Safety and Inspection Act 1994 (WA), s 4(1), s 9(1)

Case References:

Director of Public Prosecutions (ACT) v Eastman (2002) 131 A Crim R 688
Gibson v Brooking [1983] WAR 70
Henry Walker Contracting Pty Ltd v Farnworth [2000] WASCA 253
Henry Walker Contracting Pty Ltd v Farnworth [2002] WASCA 167
Macleod v Australian Securities and Investments Commission [2002] HCA 37; (2002) 191 ALR 543
Wearne v Roberts [2001] WASCA 279

Adelaide Timber Co Pty Ltd v Shepherd (Worksafe Western Australia) [2001] WASCA 110
Attorney­General of The Gambia v N'jie [1961] 2 All ER 504
Australian Char Pty Ltd (1995) 79 A Crim R 427
Azzopardi v The Queen (2001) 205 CLR 50
Bond v The Queen (2000) 201 CLR 213
Bunnings Forest Products Pty Ltd v Shepherd, unreported; FCt SCt of WA; Library No 980235; 5 May 1998
Byrnes v The Queen (1999) CLR 1
Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249
Coco v The Queen (1994) 179 CLR 427
Collins v State Rail Authority of New South Wales (1986) 5 NSWLR 209
Commissioner of Police v Tanos (1958) 98 CLR 383
Connector Drilling Pty Ltd v Equigold NL [2003] WASCA 78
Cullen v State Rail Authority of New South Wales (1989) 31 IR 207
Daniels Corporation International v ACCC (2002) 192 ALR 561
Davern v Messel (1984) 155 CLR 21
Dempster v National Companies & Securities Commission (1993) 9 WAR 215
Ealing Corporation v Jones [1959] 1 All ER 286
Entwells Pty Ltd v National and General Insurance Co Ltd (1991) 5 ACSR 424
Environmental Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477
Farnworth v Henry Walker Contracting Pty Ltd [1999] WASCA 234
Ferrari v Neenan [2000] WASCA 191
Geraldton Fishermen's Cooperative Limited v Munro [1963] WAR 129
Greenwood v Leary [1919] VLR 114
Hamersley Iron Pty Ltd v Robertson, unreported; SCt of WA; Library No 980573; 2 October 1998
Henry Walker Eltin Contracting Pty Ltd v Briggs [2002] WASCA 53
In re Cannings Ltd v Middlesex County Council [1907] 1 KB 51
Interstruct Pty Ltd v Wakelam (1990) 3 WAR 100
Jackson v Dyball (1993) 74 A Crim R 10
Kehoe v Dacol Motors Pty Ltd; Ex parte Dacol Motors Pty Ltd [1972] QD R 59
Kirkby v A & M Hanson Pty Ltd (1994) 55 IR 40
Lloyd & Edwards…
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Details
Case
[2003] WASCA 126
Decision Date

CaseChat Overview and Summary

In the matter of Farnworth v Henry Walker Contracting Pty Ltd, the dispute was brought before the court regarding a regulatory offence under occupational health and safety legislation. The respondent, Henry Walker Contracting Pty Ltd, was convicted by a single judge in the Local Court for breaching its duty as an employer at a mine to ensure the safe maintenance of plant. The appellant, the mines inspector, brought the appeal to challenge the sufficiency of the evidence and the conviction, while the respondent sought to set aside the conviction and penalty. The court was tasked with determining whether the evidence was sufficient to support the conviction and whether the appeal was properly brought by the mines inspector.

The primary legal issues addressed by the court involved the sufficiency of the evidence presented to establish the breach of duty and the competency of the appeal brought by the mines inspector. The court had to consider whether the evidence was adequate to prove beyond reasonable doubt that the respondent failed to make arrangements for the safe maintenance of plant, and whether the mines inspector had the legal standing to appeal the decision. These issues were critical in determining the validity of the conviction and the subsequent penalty imposed on the respondent.

In ruling on the appeal, the court found that the evidence presented was indeed sufficient to establish the breach of duty by the respondent. The court concluded that the mines inspector had the necessary standing to bring the appeal, and the conviction was affirmed. The penalty imposed by the Local Court was also upheld by the higher court. The appeal was allowed in respect of the sufficiency of the evidence and the competency of the appeal, but the conviction and penalty were maintained. Consequently, the decision of the single judge was set aside, and the conviction and penalty were affirmed by the higher court.

The final orders of the court were that the appeal was allowed in respect of the sufficiency of the evidence and the competency of the appeal, but the conviction and penalty were upheld. The decision of the single judge was set aside, and the conviction and penalty imposed by the Local Court were affirmed. This outcome meant that the respondent remained liable for the breach of duty and the associated penalty, despite the procedural issues raised in the appeal.

Orders

Orders of the court

Appeal allowed

Decision of single Judge set aside

Conviction affirmed

Penalty imposed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.