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Prosecution Details

Defendant Michael James Rees
Trading Name Not Applicable
Section 20(1)(b)
Regulation Not Applicable
Offence Date Friday, 27 June 1997
Description of Breach(es)

Being an employee, failed to take reasonable care to avoid adversely affecting the safety of another person, through his act of firing a nail gun.

Background Details

On 27 June 1997 the defendant and the injured worker were both working for a furniture manufacturer. The defendant was the workplace foreman and the injured person was a sixteen year old worker.

On the afternoon of 27 June 1997 an employee entered a room, in which the defendant and other employees were working, in order to obtain a trolley. As he entered the room, the defendant fired a nail from a nail gun at the employee but missed. The defendant tried again as the employee ran out of the room, but once again missed. When the injured person re-entered the room to get the trolley, the defendant fired another nail from the nail gun but this time it penetrated deeply into the employees leg. The injured person pulled out the nail and the defendant and other employees in the room laughed at him. The nail was 50mm long and was fired from a distance of about 6 metres.

Later, the defendant threatened to shoot a nail into the injured persons head if he told the manager about the incident. As a result he did not disclose the incident to the manager, nor receive medical attention until his father picked him up after work and noticed the injury.

As a result of the injury the employee sustained a blood clot and muscle damage.

The defendant pleaded guilty.

Lead Image
Outcome Summary convicted
Conviction Date 22 Jul 1998
Court Perth Court of Petty Sessions
Fine $5,000
Costs $363
Charge Number 21422/98