Court Summary - at a glance
Date of offence:
15 June 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point of $100,000, reduced to $50,000 after discounts. However the defendant did not have capacity to pay any fine.
Safety lessons learned:
Mr Cheuk did not take reasonable steps:
- To ensure that DMJ Painters Limited had available for use, and used, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the business or undertaking, namely an adequate risk assessment and appropriate controls for working at heights.
- To verify the provision and use of resources and processes described in particular (a).
Defendant name:
Hon Sang Cheuk
Industry:
Building and construction
Date of offence:
15 June 2020
Facts in brief:
The defendant is a painter by trade, one of two shareholders of DMJ Painters Limited (liquidated).
The victim, a painter and sole director, was subcontracted by the defendant to paint a roof on a residential house. The victim fell from the roof onto a concrete patio area at ground level before rolling off onto the lower level of the patio. The fall from the roof was around 3.18 metres and the further fall by way of rolling around .46 metres. The victim died after undergoing surgery later that day. The cause of death was laceration/puncture of the thoratic aorta, on a fractured rib as a result of blunt trauma to the chest through the fall.
No adequate risk assessment was carried out - and no controls were put in place to prevent the victim falling from the roof. The defendant stated he had provided the victim with a safety harness - but did not confirm whether the victim was competent or qualified to use the harness.
The victim, a painter and sole director, was subcontracted by the defendant to paint a roof on a residential house. The victim fell from the roof onto a concrete patio area at ground level before rolling off onto the lower level of the patio. The fall from the roof was around 3.18 metres and the further fall by way of rolling around .46 metres. The victim died after undergoing surgery later that day. The cause of death was laceration/puncture of the thoratic aorta, on a fractured rib as a result of blunt trauma to the chest through the fall.
No adequate risk assessment was carried out - and no controls were put in place to prevent the victim falling from the roof. The defendant stated he had provided the victim with a safety harness - but did not confirm whether the victim was competent or qualified to use the harness.
Offence section:
Sections 44, 36(1), 48(1) and 48(2)(b) of the Health and Safety at Work Act 2015
Date(s) charged:
24 May 2021
Court:
Manukau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point of $100,000, reduced to $50,000 after discounts. However the defendant did not have capacity to pay any fine.
Maximum fine available:
$300,000
Reparation:
Emotional harm:
- $100,000 total.
- $85,000 to surviving spouse minus the amount paid to date ($46,450.50), meaning a further $38,549.50 is to be paid.
- $15,000 to be paid to the son.
- $30,000 lump sum to be paid, and the balance over 5 years.
Costs:
- Costs were not ordered.
- $100,000 total.
- $85,000 to surviving spouse minus the amount paid to date ($46,450.50), meaning a further $38,549.50 is to be paid.
- $15,000 to be paid to the son.
- $30,000 lump sum to be paid, and the balance over 5 years.
Costs:
- Costs were not ordered.
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