Court Summary - at a glance

Date of offence:
30 October 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$33,000

Safety lessons learned:
  1. Ensure that the winch handle could not disengage from the winch by fixing it to the handle with locking pins or similar;
  2. Ensure that the winch had an effective braking system for use when lowering the ramp;
  3. Instruct people not to go under the ramp at any time;
  4. Provide signage warning people not to go under the ramp at any time.

Defendant name:
Robert Kirk Ashton
 
Industry:
Agriculture
 
Date of offence:
30 October 2017
 
Facts in brief:
The Defendant farmer owned a stock ramp used to load and unload cattle and sheet on to trucks. The victim, a truck driver, delivered sheep to the Defendant’s farm and used the stock ramp to unload them. He went under the ramp momentarily. The ramp handle became dislodged causing the ramp to fall and hit the victim on his head. He suffered significant head injuries.
 
Offence section:
Sections 48(1) and 2(b), and 38(1) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Dunedin - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$33,000
 
Maximum fine available:
$300,000
 
Reparation:
$40,000