Timeline of Key Cases

OCCUPATIONAL HEALTH AND SAFETY - referral of question of law under s 5AE of Criminal Appeal Act - questions hypothetical - no utility in referral until findings of fact made - conclusions reached - defendant found not guilty of breach of s 8(2) of the Occupational Health and Safety Act 2000 - risk of being crushed - no training for specific task - comprehensive general training and instruction in safety and risk assessment - experienced employee - relatively simple task - causal nexus between risk and act or omission of defendant - particularisation of charge - system of work - spontaneous, unexpected and spur of the moment action inconsistent with system of work - no evidence that supervision would have prevented injury - Act to be applied with practicality and common sense - consideration of s 16(2)(b) Criminal Procedure Act 1986 - defect in particulars not merely technical but forms foundation of charge - amendment to particulars not sought - failure to establish particulars - failure to establish charge

Occupational Health and Safety Act 2000 - s 8(2) s 26(1) - laying of precast floor planks by sub-contractor - use of temporary support - failure of temporary support - heavy floor planks fall killing principal sub-contractor and injuring three of his employees - inadequacy of temporary supports - insufficient plank end support - design fault in planks - pleas of guilty entered by corporate defendant and managing director - significant failures in safety system despite extensive existing safety system - remedial steps not difficult to take - serious breach established - early pleas - significant role for general and specific deterrence - numerous subjective factors considered - penalty imposed on corporate defendant - managing director seeks benefit of order under s 10 Sentencing Act - principles considered - no prior record - good industrial and community citizenship established - changing managerial role - managing director establishes hierarchy of senior managers to develop and maintain safety systems - director not truly hands on regarding safety - psychologist report raises issues about health and mental condition of director - death of sub-contractor and other deaths dwelt upon by director - s 10 application granted - director ordered to enter two year good behaviour bond. Crimes (Sentencing Procedure) Act 1999 - s 10 - principles applicable in occupational health and safety prosecutions - director placed on two year good behaviour bond

s10 of the Crimes (Sentencing Procedure) Act applied - offence proved and dismissed

Police Officer struck by vehicle whilst performing roadside speed detection and enforcement duties. Driver of offending vehicle affected by alcohol and drugs. Intentionally swerved at officer. Even though it was an intentional act the NSW Police held liable for failures in its systems.

Seminal case establishing the test to be applied for the defence of reasonable practicability