Event and Time
Event Description
On December 15, 2017, Patrick Smith, an experienced stockman employed by Midfield Meat International Pty Ltd, died in a tragic workplace accident at a farm known as Wandobah. While attempting to weigh a mob of cattle, which included a dangerous bull stag, Mr. Smith sustained fatal injuries when crushed by the animal.
Application and Claims
Midfield was charged with two counts of failing to provide and maintain a safe work system, violating sections 21(1) and 21(2)(a) of the Occupational Health and Safety Act 2004 (the OHS Act). Following a jury trial, Midfield was convicted of one charge (Charge 2) and was subsequently fined $400,000.
Judicial Decisions
Midfield appealed against both the conviction and the sentence. It argued: 1. The jury's verdict was unreasonable given the evidence. 2. The trial judge erred by allowing certain written admissions into evidence.
The application for leave to appeal was refused, as neither ground showed a substantial likelihood of success.
Dispute Points and Legal Basis
Dispute Points
- Midfield's Claims:
- Argued the jury's verdict was unreasonable based on the evidence presented. - Contended that the trial judge incorrectly allowed admissions made by Dean McKenna, Midfield's general manager, into evidence, which they believed prejudicially impacted their defense.
- Prosecution’s Claims:
- Asserted that Midfield failed to maintain a safe working environment and did not implement necessary safety measures, like performing risk assessments and providing assistance when employees worked alone with cattle. - Highlighted the fact that the presence of a dangerous bull stag among the cattle warranted the implementation of extra safety measures, which were not followed.
- Evidence: