Guerinoni Nominees Pty Ltd v Cullen
Case
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[2022] WASC 337
Details
AGLC
Case
Decision Date
Guerinoni Nominees Pty Ltd v Cullen [2022] WASC 337
[2022] WASC 337
CaseChat Overview and Summary
In Guerinoni Nominees Pty Ltd v Cullen, Guerinoni Nominees Pty Ltd, an employer, was convicted of an offence under the Mines Safety and Inspection Act 1994 (WA) for failing to provide and maintain a safe working environment for its employee, Mr Aston. Guerinoni was fined $230,000. Guerinoni appealed against the sentence. The appeal was allowed. The court found that the magistrate had erred in finding that Guerinoni's failure to implement isolation procedures and supervision measures causally contributed to the injuries. The court also found that the fine was manifestly excessive. The fine was set aside and the employer was re-sentenced to a fine of $150,000.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Jurisdiction
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Sentencing
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Breach of Contract
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Unjust Enrichment
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Most Recent Citation
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Cases Cited
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Statutory Material Cited
0
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[2014] WASC 190