HENRY WALKER CONTRACTING PTY LTD -v- FARNWORTH [2002] WASCA 167
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASCA 167 | |
| Case No: | SJA:1015/2002 | 24 APRIL 2002 | |
| Coram: | WHITE AUJ | 24/06/02 | |
| 43 | Judgment Part: | 1 of 1 | |
| Result: | Appeal allowed and conviction set aside | ||
| A | |||
| PDF Version |
| Parties: | HENRY WALKER CONTRACTING PTY LTD JAMES FARNWORTH |
Catchwords: | Appeal against conviction Appellant charged with a breach of the Mines Safety and Inspection Act 1994 Failing to provide and maintain a working environment in which its employees were not exposed to hazards A conveyor belt had broken and workers had stood upon it without having clamped the belt with the result that the belt moved and dislodged two workmen who were injured accordingly It was accepted that the use of belt clamps provided by the appellant would have avoided the accident Evidence of the existence of a Worksafe instruction which, if complied with, would have prevented the accident that occurred Evidence that on previous occasions the clamps required by the Worksafe instruction had in fact been used Whether the guilt of the appellant established beyond a reasonable doubt |
Legislation: | Mines Safety and Inspection Act 1994, s 9 |
Case References: | Bunnings Forrest Products Pty Ltd v Shepherd, unreported; FCt SCt of WA; Library No 980235; 5 May 1998 Cullen v State Rail Authority (NSW) (1989) 31 IR 207 Henry Walker Contracting Pty Ltd v Farnworth [2000] WASCA 253 Interstruct Pty Ltd v Wakelam (1990) 3 WAR 100 Johnson v Miller (1937) 59 CLR 467 Meiklejohn v Central Norsemen Gold Corporation Ltd (1998) 19 WAR 298 Walsh v Tattersall (1996) 70 ALJR 884 Adelaide Timber Co Pty Ltd v Shepherd [2001] WASCA 110 Australian Char Pty Ltd (1995) 79 A Crim R 427 Azzopardi v Q [2001] HCA 25 Collins v State Rail Authority of New South Wales (1986) 4 NSWLR 209 Cullen v State Rail Authority (NSW) (1989) 31 IR 207 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 Fisherman's Cooperative Limited v Munro [1963] WAR 129 Widgee Shire Council v Bonney (1907) 4 CLR 977 GJColes & Coy Limited v Goldsworthy [1985] WAR 183 Green v Mabey, unreported; SCt of WA; Library No 940711; 7 December 1994 Hamersley Iron Pty Ltd v Robertson, unreported; SCt of WA; Library No 980573; 2 October 1998 Haynes v C I & D Manufacturing Pty Ltd (1994) 60 IR 149 Henry Walker Eltin Contracting Pty Ltd v Briggs [2002] WASCA 53 Kirby v A & M I Hanson Pty Ltd (1994) 55 IR 40 McLean v Tedman (1984) 155 CLR 306 Morrison v Atlas Group Pty Ltd, unreported; SCt of WA; Library No 960698; 12 December 1996 Morrison v Hulme Wool Scouring Company (1938) Pty Ltd, unreported; SCt of WA; Library No 930457; 6 August 1993 Murphy v Morrison, unreported; SCt of WA; Library No 960089; 5 February 1996 |
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Details
- Case
- [2002] WASCA 167
- Decision Date
CaseChat Overview and Summary
Henry Walker Contracting Pty Ltd, the appellant, appealed against its conviction for breaching the Mines Safety and Inspection Act 1994. The case arose from an incident where a conveyor belt, which had not been properly clamped, moved while workers were standing on it, resulting in their injuries. The central issue before the court was whether the appellant's guilt had been established beyond a reasonable doubt. Specifically, the court had to determine whether the company had failed to provide and maintain a working environment in which its employees were not exposed to hazards.
The legal issues the court needed to decide included the interpretation of the relevant statutory provisions and the assessment of whether the company had taken reasonable steps to prevent the accident. The court considered whether the existence of a Worksafe instruction, which if complied with, would have prevented the accident, constituted sufficient evidence against the appellant. Additionally, the court examined the evidence that on previous occasions, the clamps required by the Worksafe instruction had indeed been used. The crux of the matter was whether the appellant had a duty to ensure that the conveyor belt was properly clamped and whether this duty had been breached, thereby exposing employees to unnecessary hazards.
The court, in allowing the appeal and setting aside the conviction, found that the evidence did not establish the appellant's guilt beyond a reasonable doubt. The court held that while the use of belt clamps would have avoided the accident, there was insufficient evidence to demonstrate that the appellant had failed to take reasonable steps to prevent such an incident. The court concluded that the appellant's actions did not amount to a breach of the statutory duty to provide a safe working environment. Consequently, the appeal was allowed, and the conviction was set aside.
The legal issues the court needed to decide included the interpretation of the relevant statutory provisions and the assessment of whether the company had taken reasonable steps to prevent the accident. The court considered whether the existence of a Worksafe instruction, which if complied with, would have prevented the accident, constituted sufficient evidence against the appellant. Additionally, the court examined the evidence that on previous occasions, the clamps required by the Worksafe instruction had indeed been used. The crux of the matter was whether the appellant had a duty to ensure that the conveyor belt was properly clamped and whether this duty had been breached, thereby exposing employees to unnecessary hazards.
The court, in allowing the appeal and setting aside the conviction, found that the evidence did not establish the appellant's guilt beyond a reasonable doubt. The court held that while the use of belt clamps would have avoided the accident, there was insufficient evidence to demonstrate that the appellant had failed to take reasonable steps to prevent such an incident. The court concluded that the appellant's actions did not amount to a breach of the statutory duty to provide a safe working environment. Consequently, the appeal was allowed, and the conviction was set aside.
Orders
Orders of the court
Appeal allowed and conviction set aside
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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