Published 03 July 2019
Sentencing — hindered or obstructed WorkSafe inspector — failure to comply — reasonably practicable — failure to ensure health and safety at work — inadequate systems — failure to appear in Court — Health and Safety at Work Act 2015, s 168 The defendant pleaded guilty to two charges, namely: failing to ensure, so far as reasonably practicable, the health and safety of others from work carried out; and hindering or obstructing a WorkSafe inspector. The defendant operated a tree felling business; he failed to insulate the public from the tree work and failed to ensure adequate systems were in place to contain and control tree debris. When confronted by WorkSafe about the operation, following complaints from the public, the defendant became abusive and uncooperative. The defendant failed to attend a compulsory interview and subsequently failed twice to appear in Court (including the current proceeding) and provide his financial details. The Judge adopted a starting point of $80,000 for the first charge and $2000 for the obstruction charge. This was reduced to $70,000 for the defendant's relatively late guilty pleas. However, given the defendant had failed to appear and produce his financial records, the Court had to determine in his absence what quantum he could reasonably pay. The defendant had been imprisoned since the WorkSafe offending and had been released, and was said to be supported by a welfare benefit. In light of this, the Judge fixed an end sentence of $12,000 for the failure to ensure health and safety of others and $2000 for the obstruction, to be paid over five years. The defendant was also ordered to pay Court costs of $130 on each charge and solicitor's fees totalling $750. Judgment Date: 22 May 2019.
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