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
Consequential loss - $25,068.82
Costs - none awarded due to financial impecuniosity
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