Court Summary - at a glance
Date of offence:
16 June 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $400,000. Following discounts for an early guilty plea (25%), remorse, reparation and previous good record (15%), the final fine was set at $240,000.
Safety lessons learned:
It was reasonably practicable for Lanyon & Le Compte Construction Limited to have:
- Ensured that a system with a higher level of control was used to store smaller precast concrete panels.
- Ensured that its precast concrete panel storage system was validated or verified by a person with suitable technical competence.
- Provided effective training, information and supervision to workers using its precast concrete panel storage system.
Defendant name:
Lanyon & Le Compte Construction Limited
Industry:
Manufacturing
Date of offence:
16 June 2021
Facts in brief:
The victim was working as a dogman moving precast concrete panels at the Defendants yard in Bromley, Christchurch.
The victim was using the pin and wedge system in attempt to store a 5.8 tonne concrete panel that had been moved into place by a crane. Seconds after the panel was unhooked from the crane, one of the pins that was being used to secure the panel to the perimeter wall failed and the panel came loose crushing him against another stored panel.
As a result of the incident the victim sustained severe trauma crush injuries, including rib, spine and mandible (jaw) fractures.
The victim was using the pin and wedge system in attempt to store a 5.8 tonne concrete panel that had been moved into place by a crane. Seconds after the panel was unhooked from the crane, one of the pins that was being used to secure the panel to the perimeter wall failed and the panel came loose crushing him against another stored panel.
As a result of the incident the victim sustained severe trauma crush injuries, including rib, spine and mandible (jaw) fractures.
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
3 June 2022
Court:
Christchurch - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $400,000. Following discounts for an early guilty plea (25%), remorse, reparation and previous good record (15%), the final fine was set at $240,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $45,000
Consequential loss - $5,212
Costs - legal costs of $5409.80 and investigation costs of $2353.33
Consequential loss - $5,212
Costs - legal costs of $5409.80 and investigation costs of $2353.33
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