Steward v Mac Plant Pty Ltd & Mac Farms Pty Ltd

In the case of Steward v Mac Plant Pty Ltd & Mac Farms Pty Ltd, the Director of Public Prosecutions appealed the sentences imposed on two companies, Mac Plant Pty Ltd and Mac Farms Pty Ltd, by the Magistrate on the grounds that they were manifestly inadequate. The first respondent, Mac Plant Pty Ltd, was convicted of breaching its duty of care under the Work Health and Safety Act 2011 (Qld) while the second respondent, Mac Farms Pty Ltd, was found guilty of failing to ensure a suitable combination of operator protective devices for the plant it provided, under the Work Health and Safety Regulation 2011 (Qld). The appeal was heard in the Queensland Court of Appeal.

The key legal issues before the Court were whether the sentences imposed by the Magistrate were manifestly inadequate and if the Court should exercise its power under section 222 of the Justices Act 1886 to resentence the respondents. The Court needed to consider the principles and factors relevant to sentencing, such as the nature and circumstances of the offence, the culpability of the offenders, and the deterrence value of the sentence.

In delivering the judgment, the Court of Appeal held that the sentences imposed by the Magistrate were indeed manifestly inadequate. The Court found that the Magistrate failed to properly consider the culpability of the respondents and the deterrence value of the sentences. The Court further held that the seriousness of the offences warranted a higher penalty, given the potential risk to human life and the failure to comply with statutory obligations. Consequently, the appeal was allowed, and the respondents were resentenced to a fine of $35,000 for the first respondent and $10,000 for the second respondent, with no conviction recorded. No order was made as to costs.