Guerinoni Nominees Pty Ltd v Cullen

Case

[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

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Sentencing

  • Breach of Contract

  • Unjust Enrichment

Actions
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Most Recent Citation
C v WA Police [2024] WASC 79

Cases Citing This Decision

14

Lawson v Clarke [2024] WASC 459
Dragon v WA Police [2024] WASC 147
C v WA Police [2024] WASC 79
Cases Cited

31

Statutory Material Cited

0

Strahan v Brennan [2014] WASC 190