R v FRH Victoria Pty Ltd

FRH Victoria Pty Ltd was charged with two counts of failing to provide and maintain a safe working environment, contrary to section 21 of the Occupational Health and Safety Act 1985. The company pleaded guilty and was sentenced in the County Court. The company appealed the sentence to the Court of Appeal, arguing that the sentence imposed by the trial judge was not based on the presentment particulars. The court was required to determine whether the failure to provide a safe working environment caused the death of the deceased, and whether the trial judge imposed a sentence that was not available based on the presentment particulars.

The court found that the trial judge had erred in imposing a sentence that was not available based on the presentment particulars. The court noted that the failure to provide a safe working environment was a contributing factor to the death of the deceased, but it was not the sole cause. The court also found that the hearsay evidence of a conversation with the deceased was admissible as evidence of the deceased's belief as to the scope of the job, but not as evidence of the deceased's receipt of instructions from a third party. The appeal was allowed, and the company was re-sentenced.

The court held that the company was guilty of failing to provide and maintain a safe working environment, which contributed to the death of the deceased. The court noted that the failure to provide a safe working environment was a serious breach of the Occupational Health and Safety Act 1985, and the company was required to take all reasonable steps to ensure the safety of its employees. The court also noted that the company had a history of non-compliance with safety regulations, which was a relevant factor in determining the appropriate sentence. The company was re-sentenced to a fine of $300,000 for each count, to be paid within three months.