Court Summary - at a glance

Date of offence:
10 April 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$ 239,062.50

Safety lessons learned:
  1. Ensure that tractor’s repair history is communicated to the on-site Mechanical Technician;
  2. Ensure that the wires for warning lights are reconnected and working after brake fluid is replaced;
  3. Ensure that the tractor provided has fully operational brakes.

Defendant name:
Agricentre South Limited
 
Industry:
Agriculture
 
Date of offence:
10 April 2016
 
Facts in brief:
The Defendant supplied a second-hand tractor for a trial on a farm in April 2016.

While driving up a hill towing a trailer with the victim sitting on the back, the tractor lost its brake function, and ran backwards down the hill. The trailer jack-knifed, throwing the victim off, the tractor ran over her leg and came to rest at the bottom of the hill.

The victim suffered a fractured C5 vertebra in her neck, a fractured right humerus, a fractured right wrist, an open wound below her right knee and a de-gloving injury to her left leg from mid-thigh to below knee.
 
Offence section:
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Gore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$ 239,062.50
 
Maximum fine available:
$1,500,000
 
Reparation:
$60,000 for emotional harm and $43,459.75 for consequential loss
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