Court Summary - at a glance
Date of offence:
28 November 2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$30,000
Safety lessons learned:
- Obtained independent feedback from the Equestrian Centre at the completion of the victim’s learnings regarding their riding ability and progression.
- Ensured a graduated learning system was in place to progressively build riding proficiency, experience and strength.
- Supervised and assessed the progression of the victim’s riding ability to ensure appropriate matching of them to suitable horses.
- Provided suitable horse(s) for the victim to ride throughout their training.
- Ensured that the victim was competent before permitting them to ride an in-work race horse.
Defendant name:
Stephen J McKee
Industry:
Arts and recreation
Date of offence:
28 November 2017
Facts in brief:
Mr McKee is a horse trainer who has been in business for 31 years. The victim was employed by him as a stable hand. The victim was riding an in-work race horse when half way around the track the horse, having been given the cues to speed up, broke into a canter. The horse’s speed increased and the victim lost control of the reins and the horse and fell to the ground. As a result of falling form the horse, the victim sustained a break of the spine and was diagnosed with C5 tetraplegia.
Offence section:
Sections 36(1), 48(1) and (2)(b) of the Health and Safety at Work Act 2015
Date(s) charged:
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$30,000
Maximum fine available:
$300,000
Reparation:
$110,000 for emotional harm
$156,000 (reduced on appeal from $262,000) for consequential loss
$156,000 (reduced on appeal from $262,000) for consequential loss
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