Details of a prosecution on the 19th of August 2015 in the Maryborough Magistrates Court after a member of the public sustained injuries when a gate fell on her.
On 21 January 2014, a member of the public sustained fracture injuries and bruising to her upper body, right leg and left hand when a gate fell on her.
The defendant sold and hired out used shipping containers. The member of the public lawfully attended the defendant’s yard to close and lock a gate to the premises. This was normal activity as the member of the public lived nearby and was friends with the defendant.
The gate was a large, sliding metal structure, weighing 180 kilograms. On this occasion the gate fell, on the member of public, pinning her to the ground.
The Magistrate fined the defendant $2000 and ordered professional and court costs totalling $1079.40. No conviction was recorded.
In reaching a decision, the magistrate took into account the defendant had immediately eliminated the risk by replacing the gate. Submissions were made by the defence that the defendant had explored Enforceable Undertaking options but the exercise proved too costly. It was accepted a significant fine would impact on capacity to remain in business.
In deciding penalty, the magistrate also took into account the defendant had not been prosecuted previously for any work health and safety breach, cooperated with the investigation and entered a very early plea of guilty.
