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Prosecution Details

Defendant John MacGillvray
Trading Name Jag Tree Services
Section 21(1)(b)
Offence Date Friday, 6 September 2002
Description of Breach(es)

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

Background Details

The defendant operated a tree lopping business and was engaged to remove some limbs from a large gum tree at the front of a residence in Karrinyup.

On 6 September 2002 the defendant and two employees were lopping the tree when an unsecured limb was cut and fell onto the electricity supply cable running from the front of the house to the main supply at the street. The power cable was pulled out from its connection to the house and fell to the ground. An employee examined the power cable and picked it up. Using a ladder the employee then climbed up to the connection point and began to reconnect the cable. The cable although insulated, was live. This was known to both the employee and defendant. The defendant and his employees completed the job and left.

Some time later the resident of the house went to have a shower. When he turned on the shower his hand gripped the hot water tap and he received a significant electric shock. The resident was thrown three or four feet across the bathroom and subsequently suffered some knee and muscle damage.

The defendant pleaded guilty.

Outcome Summary convicted
Conviction Date 29 Oct 2003
Court Perth Court of Petty Sessions
Fine $2,500
Costs $207.70
Charge Number 45563/03