DISTRICT COURT OF QUEENSLAND
CITATION:
Williamson v VH & MG Imports Pty Ltd [2017] QDC 56
PARTIES:
IAN WILLIAMSON
(appellant)v
VH & MG IMPORTS PTY LTD
(respondent)FILE NO/S:
2607/16
DIVISION:
Appellate
PROCEEDING:
Criminal Appeal
ORIGINATING COURT:
Magistrates Court, Brisbane
DELIVERED ON:
17 March 2017
DELIVERED AT:
Brisbane
HEARING DATE:
11 November 2016
JUDGE:
Dearden DCJ
ORDER:
1. Appeal granted;
2. Substitute fine of $125,000 for the fine imposed of $90,000 in the Magistrates Court; and
3. Otherwise affirm sentence imposed in the Magistrates Court on 16 June, 2016.
CATCHWORDS:
LEGISLATION:
CASES:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the respondent was found to have breached s 32 of the Work Health and Safety Act 2011 (Qld) for failing to comply with a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (Qld) – where the respondent was fined ninety thousand dollars – where no conviction was recorded – where employee was exposed to an unacceptable risk of death or serious injury – where the risk of injury was avoidable – whether the learned acting magistrate fell into error – whether the fine was manifestly inadequate – whether a conviction should be recorded
Acts Interpretation Act 1954 (Qld), Schedule 1
Justices Act 1886 (Qld), ss 222, 225
Penalties and Sentences Act 1992 (Qld), ss 5, 9, 12, 15
Work Health and Safety Act 2011 (Qld), ss 3, 19, 32
Boland v Big Mars Pty Ltd [2016] SAIRC 11
Hay v Commissioner of Police [2016] QDC 358
House v The King [1936] 55 CLR 499
Kim v Commissioner of Police [2016] QDC 44
Safe Work New South Wales v Austral Hydroponics Pty Ltd [2015] NSWDC 295
SafeWork (NSW) v JSN Hanna Pty Ltd [2016] NSWDC 117
SafeWork (NSW) v Romanous Contractors [2016] NSWDC 48
Safe Work New South Wales v Waycon Bulk Pty Ltd [2015] NSWDC 254
Tierney v Commissioner of Police [2011] QCA 327
R v Briese; ex parte Attorney-General [1998] 1 Qd R 487
Wong v The Queen (2001) 207 CLR 584
WorkCover Authority of NSW v Sarjame Storage Pty Ltd [2015] NSWDC 151
WorkCover Authority of NSW v Visy Paper Pty Ltd [2015] NSWDC 284
COUNSEL:
M R Byrne, QC with P Matthews for the appellant
R Devlin QC for the respondentSOLICITORS:
Division of Work place Health and Safety for the appellant
K&L Gates solicitors for the respondent
Introduction
[1] The respondent company VH & MG Imports Pty Ltd was sentenced on 16 June 2016 to a fine of $90,000 with no conviction recorded for a breach of s 32 of the Work Health and Safety Act 2011 (Qld) for failing to comply with a health and safety duty under s 19(1) of the Work Health and Safety Act
Keep reading for free
Create a free CaseChat account to read Williamson v VH & MG Imports Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] QDC 56
- Decision Date
CaseChat Overview and Summary
The appeal hinged on whether the learned acting magistrate fell into error in not imposing a conviction and in determining that the fine was not manifestly inadequate. The court considered the nature and extent of the breach, the degree of culpability, and the culpability of the respondent in the context of corporate offending. The court also examined the principles of deterrence and denunciation in assessing the adequacy of the penalty.
The court found that while the penalty was not manifestly excessive, it was inadequate. The severity of the breach, coupled with the fact that the risk to the employee was both serious and avoidable, warranted a higher penalty. Additionally, the court found that the absence of a conviction was an error as the breach constituted a serious criminal offence. The appeal was granted, and the fine was increased to $125,000. The court otherwise affirmed the sentence imposed in the Magistrates Court on 16 June 2016.
Orders
Orders of the court
1. Appeal granted;
2. Substitute fine of $125,000 for the fine imposed of $90,000 in the Magistrates Court; and
3. Otherwise affirm sentence imposed in the Magistrates Court on 16 June, 2016.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.