DPP v All Seasons Arbory [2017] VCC EVM

Offence: fail to maintain safe system of work.

Thomas Eckhart was employed by All Seasons Arbory Pty Ltd (‘All Seasons’), a tree maintenance and removal business.

Mr Eckhart was electrocuted and killed when a tree branch he was cutting hit overhead power lines.

All Seasons, via its sole director, pleaded guilty to one charge of failing to maintain a safe system of work contrary to sections 21(1) and 21(2)(a) of the Occupational Health and Safety Act 2004 (Vic).

His Honour Judge Chettle identified general deterrence as the predominant sentencing factor in the case.

His Honour took into account, among other matters, All Seasons’ plea of guilty, remorse, lack of prior criminal history and otherwise good WorkSafe history.

Judge Chettle convicted and fined All Seasons $150,000.

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Page last updated: 16 September 2018