161 BERKELEY ROAD BERKELEY

CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – gate damaged by vehicle collision – worker subsequently fatally crushed by damaged gate which fell on him – failure to prevent manual operation of gate – failure to direct workers not to operate gate until replaced or repaired – failure to post signage instructing workers not to operate gate until replaced or repaired – failure to urgently repair gate – failure to conduct risk assessment – failure to remove gate from service