Legal Research
Cases
Hunter Quarries Ltd v Morrison

Hunter Quarries Ltd v Morrison

Case [2017] NSWCCA 326 19 December 2017

No judgment structure available for this case.

Type to search within this case.

Court of Criminal Appeal

Supreme Court

New South Wales

Summary available
Amendment notes

Medium Neutral Citation: Hunter Quarries Pty Limited v Morrison; Badior v Morrison [2017] NSWCCA 326
Hearing dates: Before Industrial Court of New South Wales 9, 10, 11 November 2015; Before Court of Criminal Appeal 8, 12 April 2016
Date of orders: 19 December 2017
Decision date: 19 December 2017
Before: Walton J; Rothman J; Harrison J
Decision:
(1)   To the extent possible, leave to raise a ground of appeal relating to authority to prosecute refused.

(2)   To the extent necessary, application to withdraw plea of guilty refused.

(3)   Otherwise, appeal against conviction dismissed.

(4)   Appeal against sentence dismissed.
(5)   Leave to appeal against costs and moiety orders refused.
Catchwords: CRIME – work health and safety – application for withdrawal of plea of guilty and appeal against sentence – relevant principles of withdrawal of plea after sentence discussed – agreed facts below, if accurate, would require conviction – plea insufficiently impugned to warrant withdrawal – application for withdrawal of plea refused – fact findings on sentence open to primary judge – sentence within range – appeal dismissed
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW)
Criminal Appeal Act 1912 (NSW)
Criminal Appeal Rules (NSW)
Evidence Act 1995 (NSW)
Industrial Relations Act 1996 (NSW)
Mines Inspection Act 1901 (NSW)
Occupational Health and Safety Act 2000 (NSW)
Supreme Court Act 1970 (NSW)
Work Health and Safety Act 2011 (NSW)
Cases Cited: Boral Gas (NSW) Pty Ltd v Magill (1995) 37 NSWLR 150
Browne v Dunn (1893) 6 R 67
Budrodeen v R [2017] NSWCCA 100
Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37
Carrington Slipways Pty Ltd v Callaghan (1985) 11 IR 467
Chevalley v Industrial Court of New South Wales (2011) 82 NSWLR 634; [2011] NSWCA 357
Drake Personnel Ltd (t/as Drake Industrial) v WorkCover Authority of New South Wales (1999) 90 IR 432
Hunter Quarries Pty Ltd v Morrison (No 4) (2016) 92 NSWLR 1; [2016] NSWIC 4
Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8
Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37
Kirk Group Holdings Pty Ltd & Anor v WorkCover Authority of NSW & Anor (2006) 66 NSWLR 151; (2006) 154 IR 310; [2006] NSWCA 172
Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531; [2010] HCA 1
Kondis v State Transport Authority (formerly Victorian Railways Board) (1984) 154 CLR 672; [1984] HCA 61
Maxwell v The Queen (1996) 184 CLR 501 at 511; [1996] HCA 46
Meissner v The Queen (1995) 184 CLR 132 at 157; [1995] HCA 41
Morrison v Hunter Quarries [2009] NSWIRComm 179
New Cap Reinsurance Corporation Ltd (in liq) v Renaissance Reinsurance Ltd [2007] NSWSC 258
Newcastle Wallsend Coal Company Pty Limited & Ors v Inspector McMartin [2006] NSWIRComm 339; 159 IR 121
R v Boag (1994) 73 A Crim R 35
R v Chiron [1980] 1 NSWLR 218
R v…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hunter Quarries Ltd v Morrison

Details

AGLC: Hunter Quarries Pty Limited v Morrison; Badior v Morrison [2017] NSWCCA 326
Case: [2017] NSWCCA 326
Decision Date: 19 December 2017

CaseChat Overview and Summary

Hunter Quarries Ltd was charged with offences against the Work Health and Safety Act 2011 (NSW) in relation to the death of an employee. The matter was heard in the Court of Appeal, where the primary issue was whether the defendant could withdraw its plea of guilty and appeal against the sentence. The Court examined the principles governing the withdrawal of a guilty plea post-sentencing, considering whether the plea was sufficiently challenged and if the facts, as agreed upon, warranted a conviction.

The Court addressed the legal principles surrounding the withdrawal of a guilty plea after sentence, emphasizing that such applications are rare and only allowed if the plea is insufficiently challenged or if there is a significant procedural irregularity. The Court found that Hunter Quarries Ltd's plea was adequately challenged but not to the extent necessary for withdrawal. The agreed facts presented a compelling case for conviction, reinforcing the appropriateness of the guilty plea.

The Court concluded that the primary judge's findings on sentencing were within the acceptable range, and the sentence imposed was appropriate. The appeal against the sentence was dismissed, and the application for withdrawal of the plea of guilty was refused. The Court's reasoning focused on the adequacy of the plea challenge and the strength of the agreed facts supporting the conviction. The final orders upheld the conviction and sentence as determined by the primary judge.

Orders