HENRY WALKER ELTIN CONTRACTING PTY LTD -v- BRIGGS [2002] WASCA 53
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASCA 53 | |
| THE FULL COURT (WA) | |||
| Case No: | SJA:1185/2000 | 12 & 13 MARCH 2001 | |
| Coram: | KENNEDY J ANDERSON J STEYTLER J WHEELER J GROVE AJ | 18/03/02 | |
| 21 | Judgment Part: | 1 of 1 | |
| Result: | Appeals against conviction and sentencing dismissed | ||
| A | |||
| PDF Version |
| Parties: | HENRY WALKER ELTIN CONTRACTING PTY LTD TORQUIL BRIGGS |
Catchwords: | Criminal law Occupational health and safety Failure to provide and maintain a working environment in which employees not exposed to hazards Contravention causing death of employee Criminal law Occupational health and safety Sentencing High risk of serious injury causing death of employee Maximum penalty $200,000 Fine of $75,000 upheld |
Legislation: | Mines Safety and Inspection Act 1994, s 9(1) |
Case References: | Collins v State Rail Authority of NSW (1986) 5 NSWLR 209 Boral Gas (NSW) Pty Ltd v Magill (1995) 37 NSWLR 150 Broken Hill Associated Smelters Pty Ltd v Stevenson (1991) 42 IR 130 Bunnings Forest Products Pty Ltd v Shepherd, unreported FCt SCt of WA; Library No 980235; 5 May 1998 Byrne v Baker [1964] VR 443 Carcosa Pty Ltd v Czerwaniw as agent for the Department of Health (1997) 93 A Crim R 287 Chugg v Pacific Dunlop Ltd [1988] VR 411 Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249 Cullen v State Rail Authority of NSW (1989) 31 IR 207 Farnworth v Henry Walker Contracting Pty Ltd [1999] WASCA 234 Fremantle Steam Laundry Pty Ltd v Shepherd [2000] WASCA 17 Gerakiteys v The Queen (1984) 153 CLR 317 Gorman v Fitzpatrick (1983) 4 NSWLR 286 Haysdale Nominees Pty Ltd v Shepherd (1998) 98 A Crim R 435 Hellier v Hinton [1998] WASCA 332 Henry Walker Contracting Pty Ltd v Farnworth [2000] WASCA 253 Industrial Galvanizers Corporation Pty Ltd v Shepherd [1999] WASCA 282 Interstruct Pty Ltd v Wakelam (1990) 3 WAR 100 John L Pty Ltd v Attorney-General (NSW) (1987) 163 CLR 508 Johnson v Miller (1937) 59 CLR 467 March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 Meiklejohn v Central Norseman Gold Corporation Ltd (1998) 19 WAR 298 Morrison v Kiwi Electrix Pty Ltd (1998) 19 WAR 482 Morrison v Winton, unreported; SCt of WA (Scott J); Library No 960698; 12 December 1996 Palynolab Resources Pty Ltd v Morrison, unreported; SCt of WA (Ipp J); Library No 960477; 22 August 1996 R v Australian Char Pty Ltd (1995) 79 A Crim R 427 R v F Howe & Son (Engineers) Ltd [1999] 2 All ER 249 R v Hermes; Ex parte Ball (1966) 10 FLR 375 R v Jemielita (1995) 81 A Crim R 409 R v Landy [1981] 1 All ER 1172 R v Maria [1957] St R Qd 512 R v Mok (1987) 27 A Crim R 438 R v Partridge (1930) 30 SR (NSW) 410 Rippingale v The Queen [1999] WASCA 257 Romeo v The Queen (1991) 65… |
Keep reading for free
Create a free CaseChat account to read Henry Walker Eltin Contracting Pty Ltd v Briggs and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
Details
- Case
- [2002] WASCA 53
- Decision Date
CaseChat Overview and Summary
The High Court of Australia heard an appeal by Henry Walker Eltin Contracting Pty Ltd against its conviction and sentencing for breaching occupational health and safety laws, which resulted in the death of an employee. The company was found to have failed to provide and maintain a working environment free from hazards, leading to the fatal incident. The appeal contested both the conviction for the breach of the occupational health and safety legislation and the penalty imposed by the lower court.
The legal issues before the court were whether the company had indeed breached the occupational health and safety legislation by failing to maintain a safe working environment, and if so, whether the penalty imposed was appropriate. The court needed to determine if the company had taken all reasonable steps to ensure the safety of its employees and if the penalty was commensurate with the severity of the breach and its consequences.
The court dismissed the appeal, affirming the conviction and the penalty. It found that the company had failed to implement adequate safety measures, which directly contributed to the employee's death. The court upheld the lower court's assessment that the breach carried a high risk of serious injury, which tragically resulted in the employee's death. Consequently, the court considered the fine of $75,000 appropriate, given the maximum penalty allowed under the legislation was $200,000. The appeals against both the conviction and the sentencing were dismissed.
The legal issues before the court were whether the company had indeed breached the occupational health and safety legislation by failing to maintain a safe working environment, and if so, whether the penalty imposed was appropriate. The court needed to determine if the company had taken all reasonable steps to ensure the safety of its employees and if the penalty was commensurate with the severity of the breach and its consequences.
The court dismissed the appeal, affirming the conviction and the penalty. It found that the company had failed to implement adequate safety measures, which directly contributed to the employee's death. The court upheld the lower court's assessment that the breach carried a high risk of serious injury, which tragically resulted in the employee's death. Consequently, the court considered the fine of $75,000 appropriate, given the maximum penalty allowed under the legislation was $200,000. The appeals against both the conviction and the sentencing were dismissed.
Orders
Orders of the court
Appeals against conviction and sentencing dismissed
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.