SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Watts |
Citation: | [2020] ACTSC 91 |
Hearing Date: | 16 April 2020 |
DecisionDate: | 20 April 2020 |
Before: | Murrell CJ |
Decision: | The offender is sentenced to 12 months’ imprisonment, wholly suspended upon the offender entering into a good behaviour order for 12 months. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – Industrial law – Workplace incident resulting in death – Breach of s 31(1) of Work Health and Safety Act 2011 (ACT) – Duty of worker under s 28 of Work Health and Safety Act 2011 (ACT) – Reckless conduct exposing individual to risk of death or serious injury – Unsafe operation of a crane in construction site – Imprisonment |
Legislation Cited: | Crimes (Sentencing) Act 2005 (ACT) ss 7, 12, 33, 35, 36 Occupational Health and Safety Act 2004 (Vic) ss 24, 32, 144(1) Work Safety Act 2008 (ACT) s 31(1) (repealed) |
Cases Cited: | Campbell v Rowe [2019] SAET 104 Orbit Drilling Pty Ltd v The Queen [2012] VSCA 82 WorkSafe Victoria v Jackson (Latrobe Valley Magistrates Court, 19 December 2018) |
Parties: | The Queen (Crown) Michael Watts (Offender) |
Representation: | Counsel K Weston-Scheuber with S Janackovic (Crown) J Agius SC with P Boncardo (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Hall Payne Lawyers (Offender) | |
File Number(s): | SCC 44 of 2019 |
MURRELL CJ
Introduction
On 12 February 2020, the offender pleaded guilty to the offence that he was a person with a work health and safety duty under s 28 of the Work Health and Safety Act 2011 (ACT) (WHS Act) who, without reasonable excuse, engaged in reckless conduct that exposed an individual to whom that duty was owed to a risk of death or serious injury, and was reckless as to that risk, contrary to s 31(1) of the WHS Act.
When such an offence is committed by an individual, the maximum penalty is $300,000, five years’ imprisonment, or both.
On 4 August 2016, the offender was instructed to use a crane at the University of Canberra Hospital construction site (the construction site) to transport a large generator. In performing the lift, the offender operated the crane in excess of its rated capacity, with insufficient planning, at night with reduced visibility, and on uneven terrain. While transporting the generator, the crane overturned. As it overturned, the boom of the crane impacted a worker, Herman Holtz, crushing him between the boom of the crane and the ground, and killing him.
At the outset, the Court acknowledges the profound loss suffered by Mrs…
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- R v Watts [2020] ACTSC 91
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- [2020] ACTSC 91
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CaseChat Overview and Summary
The court considered whether the appellant's conduct constituted a breach of section 31(1) of the Work Health and Safety Act 2011 (ACT) and whether the sentence imposed was appropriate. The court found that the appellant's conduct was reckless and exposed an individual to a risk of death or serious injury, which constituted a breach of section 31(1) of the Act. The court also considered the appellant's duty under section 28 of the Act to take all reasonable steps to ensure the health and safety of themselves and others. The court found that the appellant failed to take reasonable steps to ensure the safety of themselves and others, resulting in the death of a colleague. The court also considered the appellant's previous good character and the impact of the offence on the victim's family.
The court found that the appellant's conduct was reckless and constituted a breach of section 31(1) of the Work Health and Safety Act 2011 (ACT). The court also found that the appellant's duty under section 28 of the Act was breached, as the appellant failed to take reasonable steps to ensure the safety of themselves and others. The court considered the appellant's previous good character and the impact of the offence on the victim's family, and determined that a wholly suspended sentence was appropriate. The court imposed a sentence of 12 months imprisonment, wholly suspended upon the appellant entering into a good behaviour order for 12 months. The court also ordered the appellant to pay a fine of $5,000.
Orders
Orders of the court
The offender is sentenced to 12 months’ imprisonment, wholly suspended upon the offender entering into a good behaviour order for 12 months.
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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