Appeals against record work health and safety fine dismissed

The Supreme Court of the Northern Territory has dismissed appeals over fines imposed for the death of Mr Dwayne Beaumont, who was killed loading an excavator in 2019.

Titan Plant Hire Pty Ltd, trading as Territory Plant Hire and company director Mr Jason Frank Madalena both pleaded guilty in March this year to breaches of the Work Health and Safety (National Uniform Legislation) Act 2011 over Mr Beaumont’s death.
Titan Plant Hire Pty Ltd was fine $960,000 and Mr Madalena $180,000 by the Darwin Local Court.

Both defendants appealed against the fines imposed on the grounds that the sentencing judge had erred in calculating the fines and the fines imposed were manifestly excessive.

In ordering the appeals be dismissed this morning, Justice Judith Kelly disagreed with the assertion that the sentencing judge had erred in calculating the fines, and indicated that although the sentences imposed by the sentencing judge were stern, they were within the available range of the sentencing judge’s discretion and are not manifestly excessive.

The Northern Territory’s Work Health and Safety Regulator, Ms Peggy Cheong welcomed the decision to dismiss the appeals saying the likelihood of someone being seriously injured in the loading of the excavator was significant and the defendants knew of the risks but did nothing to mitigate the risks.

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