R v LH Holding & Hanna

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IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2023 0161; S ECR 2023 0102

Between:
THE KING
-and-
LH HOLDING MANAGEMENT PTY LTD First Accused
-and-
LAITH HANNA Second Accused

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JUDGE:

Croucher J

WHERE HELD:

Melbourne

DATES OF HEARING:

10 & 16 October & 4 December 2023

DATE OF SENTENCE & SUMMARY OF REASONS:

19 February 2024

DATE OF FULL REASONS:

6 March 2024

CASE MAY BE CITED AS:

R v LH Holding & Hanna

MEDIUM NEUTRAL CITATION:

[2024] VSC 90

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CRIMINAL LAW — Sentencing — Forklift operated negligently by LH at his company’s factory toppled and killed MT — MT employed by business contracting to LH’s company at factory — LH’s company charged with workplace manslaughter — LH, as sole director and shareholder of company, charged as officer of company that committed workplace manslaughter attributable to officer’s failure to take reasonable care — First prosecution of workplace manslaughter — Serious offences — Accident reasonably foreseeable — Co‑operation — Pleas of guilty — Remorse — Previous good character — Excellent prospects of rehabilitation — Agreed compensation of $120,000 to MT’s sister — Limited financial resources of company and LH — Company convicted and fined $1,300,000 — LH convicted and placed on two‑year CCO with 200 hours’ unpaid community work and forklift safety course — Occupational Health and Safety Act 2004 (Vic), Part 5A & s 144(1)(a); Sentencing Act 1991 (Vic), ss 5 & 6AAA, Part 3A, Part 3B & Part 4 (Division 2).

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APPEARANCES: Counsel Solicitors
For the Director of Public Prosecutions Ms M Tittensor SC with
Ms A French
Abbey Hogan, Solicitor for Public Prosecutions
For the accused Mr R O’Neill with
Ms A Beech
Ward & Co Legal Consultants
For the deceased’s family Mr Z Partos Carbone Lawyers

HIS HONOUR:

Overview

  1. On 19 February 2024, following a plea of guilty by LH Holding Management Pty Ltd (“LH Holding”) to the workplace manslaughter of Michael Tsahrelias, I sentenced the company by recording a conviction and imposing a fine of $1,300,000.

  1. The same day, following his plea of guilty to an offence as an officer of a company that committed workplace manslaughter where that contravention was attributable to the officer’s failure to take reasonable care, I sentenced Laith Hanna by recording a conviction and placing him on a community correction order (“CCO”) for two years, with additional conditions that he complete 200 hours of unpaid community work and that he complete a course in forklift operation.

  1. By consent, I ordered that LH Holding and Mr Hanna pay Michael Tsahrelias’s sister $120,000 in compensation, and dismissed claims for compensation by his parents.

  1. At that time, I gave a summary of my reasons for passing those sentences and making those orders.  With the concurrence of the parties, I deferred giving my full written reasons until a later date.  These are those written reasons.

Summary of circumstances of offending

Background

  1. In October 2021, Mr Hanna was the sole director and shareholder of LH Holding.…

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Details
Case
[2024] VSC 90
Decision Date

CaseChat Overview and Summary

In the County Court of Victoria, the case of R v LH Holding & Hanna involved charges against the company LH Holding and its director, LH, related to the death of MT. MT was killed when a forklift operated by LH at the company's factory toppled over. MT was employed by a business contracting to LH's company at the factory. The company faced charges under the Occupational Health and Safety Act 2004 (Vic) for workplace manslaughter, while LH was charged as an officer of the company for the offence attributable to his failure to take reasonable care. This case marked the first prosecution of workplace manslaughter under the amended provisions of the Act.

The court had to determine the appropriate sentencing for the company and LH, considering the serious nature of the offences, the foreseeability of the accident, and the cooperation shown by the defendants. Both pleaded guilty and demonstrated remorse, and the court took into account their previous good character and prospects of rehabilitation. The company had limited financial resources, and LH's personal financial situation was also constrained. The court also considered the agreed compensation of $120,000 to be paid to MT’s sister.

After weighing these factors, the court convicted the company and imposed a fine of $1,300,000. LH was convicted and sentenced to a two-year community correction order, requiring him to complete 200 hours of unpaid community work and undertake a forklift safety course. The court's decision was guided by the relevant statutory provisions under the Occupational Health and Safety Act 2004 (Vic) and the Sentencing Act 1991 (Vic).

The final orders were that LH Holding pay the fine of $1,300,000, and LH complete the specified community service and training. This outcome reflects the court's consideration of the severity of the incident, the defendants' cooperation, and the need for deterrence and rehabilitation.

Orders

Orders of the court

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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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