skip navigation

Prosecution Details

Defendant Warren Edmund Crawford
Section 55(1) [and19(1) and 19(7)]
Offence Date Wednesday, 12 January 2000
Description of Breach(es)

Was a director of a body corporate when that body corporate was guilty of an offence under the Occupational Safety and Health Act 1984 when that offence was attributable to his neglect.

Background Details

On 12 January 2000, an accident occurred during the construction of a tavern in Cloverdale. In the early hours of the morning a pre-cast concrete panel was being manoeuvred into place using a crane. It was raining when the panel was lifted. The defendant and an employee, a rigger, were holding the panel so as to steady it. When the panel was about 800 mm from its intended resting place, the lifting chains on the crane came into contact with overhead power conductors that were directly above the footing on which the panel was to rest. Both men received an electric shock and the employee died.

The matter was heard before Mr Roberts SM. Mr Roberts stated in his Reasons for Decision that the defendant "was the director responsible for carrying out the duties of the company" and that "he failed to ensure the crane would not contact or come into proximity with the live overhead conductors".

The defendant pleaded not guilty. The penalty was imposed under section 19(7). Defendant was convicted on 19/3/02. Defendant appealed the application of the section 19(7) penalty. The appeal was dismissed on 30/8/02.

Outcome Summary convicted
Conviction Date 19 Mar 2002
Court Perth Court of Petty Sessions
Fine $25,000
Costs $1,600
Charge Number 34117/01