Court Summary - at a glance
Date of offence:
23 October 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $450,000, reduced to $270,000 following discounts for early guilty plea (25%) and cooperation, remorse, previous good character (15%). Each defendant was ordered to pay $135,000 each.
Safety lessons learned:
Being a PCBU, having a duty to ensure, so far as is reasonably practicable, that the health and safety of other persons, including [victim] is not put at risk from work carried out as part of the conduct of the business or undertaking, including the use of a Nissan Caravan, registration HCL820, to tow an A-frame trailer, registration W494G, did fail to comply with that duty, and that failure exposed individuals to a risk of death or serious injury.
It was reasonably practicable for ABC to have:
- Developed, implemented, and monitored compliance with an effective safe system of work to ensure that safe connection of trailers to vehicles.
- Ensured its workers had adequate information, training, instruction, supervision, and experience necessary to safely use vehicles and trailers.
Defendant name:
ABC Aluminium Limited
Industry:
Manufacturing
Date of offence:
23 October 2020
Facts in brief:
On 23 October 2020, an A-framed trailer became detached from a vehicle and collided head on with an oncoming vehicle. The collision resulted in the driver of the oncoming vehicle, [victim], suffering fatal injuries. The trailer and towing vehicle were owned by Ultimate Design & Renovation Limited (UDR). The driver of the vehicle was an employee of UDR. The passenger of the vehicle is an employee of ABC.
Related prosecutions:
Offence section:
UDR and ABC charged separately under sections 36(2), 48(1) and (2)(c) of HSWA.
Date(s) charged:
22 October 2021
Court:
Christchurch - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $450,000, reduced to $270,000 following discounts for early guilty plea (25%) and cooperation, remorse, previous good character (15%). Each defendant was ordered to pay $135,000 each.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $130,000 total ($65,000 ordered on each defendant).
Consequential loss – N/A
Costs – N/A
Consequential loss – N/A
Costs – N/A
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