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Keilor Melton Quarries v The Queen [2020] VSCA 169

CRIMINAL LAW, WORDS AND PHRASES
Victorian Court of Appeal
Judge(s): 
Maxwell P, Hargrave and Weinberg JJA
Parties: 

Keilor Melton Quarries v The Queen

Judgment Date: 
23 June 2020
Catchwords: 

CRIMINAL LAW - Appeal - Conviction - Occupational health and safety - Quarrying operations - Truck carrying loads to top of stockpile - Risk of accident - Whether applicant had 'management or control' of operations which created risk - Applicant had sole legal authority to carry out quarrying works - Applicant had right to control operations at quarry - Sufficient to establish control - Baiada Poultry Pty Ltd v The Queen [2011] VSCA 23 followed, Occupational Health and Safety Act 2004 ss 4, 20, 21, 26.

CRIMINAL LAW - Appeal - Conviction - Occupational health and safety - Reasonable practicability of safety measures - Quarrying operations - Truck unloading at top of stockpile - No protective barrier at edge of stockpile - Whether subsisting risk of accident - Applicant did not intend trucks to unload at top of stockpile - No barrier to truck access - Risk subsisted - Fatal accident evidenced existence of risk - No practical or financial obstacle to implementation of safety measure - Applicant had duty to implement - Leave to appeal refused - Occupational Health and Safety Act 2004 ss 20, 21, 26.

WORDS AND PHRASES - 'control', 'reasonably practicable'.

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