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Prosecution Details

Defendant Peter John McIvor
Trading Name Peter John McIvor Constructions
Section 20(1)(b) and 20(4)
Regulation Not Applicable
Offence Date Thursday, 18 February 1999
Description of Breach(es)

Being a self-employed person failed, so far as was practicable, to ensure that the safety of a person not being his employee was not adversely affected as a result of the work in which he was engaged.

Background Details

The defendant, a self-employed carpenter working for a builder, was fixing an architrave in a lounge room renovation under construction, and in doing so failed to take action to protect or isolate the electric wires of a light switch. The new light switch had not been re-screwed into the new architrave, rather the defendant left the light switch and short lengths of the electric wires to which the light switch was attached, dangling out of the architrave, and did not advise anybody about the hazardous situation that existed.

The house resident received a severe electric shock as a result of touching the exposed live electric wires as she reached around the corner to turn off the light switch that had been left on. The house resident was kept under observation in hospital for 6 days and suffered arrhythmia of the heart, loss of sensation on one side of her body, severe headaches, loss of memory and hair.

For further information see Significant Incident Summary 9/2000.

The trial was presided over by His Worship Mr Heath SM.

The defendant pleaded guilty. The penalty was imposed under section 20(4). Charged amended in Court from a section 21(1)(b) to 20(1)(b).




Outcome Summary

convicted

Conviction Date 08 Feb 2000
Court Perth Court of Petty Sessions
Fine $700
Costs $225
Charge Number 9752/00