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Stratton Creek Pty Ltd v Morrison

Stratton Creek Pty Ltd v Morrison

Case [2005] WASC 84 10 May 2005

Appeal

Sentencing

Breach of Contract

Unconscionable Conduct

Criminal Law

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STRATTON CREEK PTY LTD -v- MORRISON [2005] WASC 84

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2005] WASC 84
Case No:	SJA:1018/2005	Heard:	29 APRIL 2005
Coram:	SIMMONDS J	Delivered:	10/05/05
No of pages:	31	Judgment Part:	1 of 1
Result:	Appeal against conviction dismissed Appeal against sentence allowed
Category:	B
PDF Version

Parties:	STRATTON CREEK PTY LTD CRAIG ALEXANDER MORRISON
Catchwords:	Criminal law Appeal against sentence and conviction Conviction and fine imposed on endorsed plea of guilty in absence of appellant Whether fine excessive Whether Chief Magistrate should have accepted plea of guilty Occupational safety and health Demolition work comprising the removal of asbestos cement roofing Failure to obtain licence for class 3 demolition work Removal of less than 200 square metres of asbestos cement roofing before work stopped Whether breach of Occupational Safety and Health Regulations 1996 (WA) reg 3.117(3)
Legislation:	Justices Act 1902 (WA), s 135 Occupational Safety and Health Act 1984 (WA) Occupational Safety and Health Regulations 1996 (WA), reg 3.117(3) Sentencing Act 1995 (WA), s 14
Case References:	Beckwith v The Queen (1976) 12 ALR 333 Garner v Galliene (1985) 9 ACLR 808 Green v Steineck, unreported; SCt of WA; Library No 950485; 14 September 1995 Harvey v Robinson [1999] WASCA 120 JAG Demolition Pty Ltd v Partridge [2002] WASCA 272 Lamb v Clews (1988) 10 MVR 465 Liberti v The Queen (1991) 55 A Crim R 120 Lim v Bateman [2001] WASCA 307 Maxwell v The Queen (1996) 184 CLR 50 Murphy v Morrison, unreported; SCt of WA; Library No 960089; 15 February 1996 Parkinson v Prout [2003] WASCA 320 Price v Davies [2001] WASCA 81 Rice v Henley (1914) 19 CLR 19 Rowlands v Caporn [2001] WASCA 66 Superfine Homes Pty Ltd v Shepherd, unreported; SCt of WA; Library No 990088; 2 March 1999 Waugh v Kippen (1986) 160 CLR 156 Abbott Laboratories v Corbridge Group Pty Ltd (2002) 52 IPR 432 John Nominees Pty Ltd v Dixon [2003] WASCA 51 Ostrowski v Palmer (2004) 206 ALR 422 R v Olbrich (1999) 199 CLR 270

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : STRATTON CREEK PTY LTD -v- MORRISON [2005] WASC 84 CORAM : SIMMONDS J HEARD : 29 APRIL 2005 DELIVERED : 10 MAY 2005 FILE NO/S : SJA 1018 of 2005 MATTER : Justices Act 1902 BETWEEN : STRATTON CREEK PTY LTD

Appellant

AND

CRAIG ALEXANDER MORRISON

Respondent

ON APPEAL FROM:

Jurisdiction : COURT OF PETTY SESSIONS

Coram : MR S A HEATH CSM

File No : PE 5663 of 2005

(Page 2)

Catchwords:

Criminal law - Appeal against sentence and conviction - Conviction and fine imposed on endorsed plea of guilty in absence of appellant - Whether fine excessive - Whether Chief Magistrate should have accepted plea of guilty

Occupational safety and health - Demolition work comprising the removal of asbestos cement roofing - Failure to obtain licence for class 3 demolition work - Removal of less than 200 square metres of asbestos cement roofing before…

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 Stratton Creek Pty Ltd v Morrison

Details

AGLC: Stratton Creek Pty Ltd v Morrison [2005] WASC 84
Case: [2005] WASC 84
Decision Date

CaseChat Overview and Summary

Stratton Creek Pty Ltd (appellant) appealed against the conviction and sentence imposed by the Chief Stipendiary Magistrate of the Court of Petty Sessions (Chief Magistrate). The appellant was convicted and fined for removing asbestos cement roofing from a building without a class 1 or class 3 demolition work licence. The appellant did not attend the hearing of the conviction and sentence. The appellant argued that the Chief Magistrate erred in not adjourning the matter to allow for the appellant to present its case and in imposing a manifestly excessive sentence. The appeal was heard on the basis of the material before the Chief Magistrate as well as further evidence submitted by the appellant and respondent. The court found that the Chief Magistrate erred in not adjourning the matter for the appellant to present its case and in imposing a manifestly excessive sentence. The conviction was dismissed and the appellant was re-sentenced to a fine of $1,500, with costs in the amount ordered by the Chief Magistrate.

Orders