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Court Summary - at a glance

Date of offence:
1 March 2021
 
Plea:
Guilty - sentencing indication accepted on 15 February
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point of $500,000 reduced to $24,931.81 ($50,000 fine had been ordered at sentencing indication but consequential loss reparation was then deducted from that amount at the sentencing hearing)

Safety lessons learned:

The defendant failed to:

  • Develop, implement and maintain an effective safe system of work for covering the wood shavings in the bunker, including a risk assessment of this work task
  • Eliminate the risk of a fall from height by either not covering the wood shavings in the bunker or by installing an alternative cover system on the bunker so that covering the wood shavings did not require work at height; and
  • Ensure that workers received effective information, training, instruction, and supervision regarding covering the wood shavings, including the risk of a fall from height.

Defendant name:
Clarkin Goat Company Limited
 
Industry:
Agriculture
 
Date of offence:
1 March 2021
 
Facts in brief:
The victim landed on his head and sustained severe injury after falling from a 2.4m concrete bunker wall while carrying out work.
 
Offence section:
Section 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
23 February 2022

Court:
Hamilton - District Court
 
Plea:
Guilty - sentencing indication accepted on 15 February
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point of $500,000 reduced to $24,931.81 ($50,000 fine had been ordered at sentencing indication but consequential loss reparation was then deducted from that amount at the sentencing hearing)
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $50,000
Consequential loss - $25,068.82
Costs - none awarded due to financial impecuniosity