A sentence of two and a half years’ imprisonment was imposed partly cumulatively on the existing sentence, making a total sentence of eight years’ imprisonment, with the non-parole period extended to three years nine months.
DRUG DRIVING MATTERS
New laws relating to drug-driving within the Territory are now in effect, and matters are coming before the Courts in increasing numbers.
A recurring theme is the absence of a representative scale to indicate to what extent a driver was impaired; all that is required is the presence of the drug in the driver’s oral fluid. The offence carries a period of licence disqualification that corresponds with a Level 4 PCA offence, and arguments have been raised about this giving the difficulty about making a comparison to level of intoxication. No doubt the law will continue to develop in this area.
K-FORM STRUCTURAL SYSTEMS PTY LTD (CITY WEST OFFICES CONCRETE COLLAPSE)
On 27 October 2008, the cement floor at the City West Offices construction site collapsed during a concrete pour.
There were a number of parties involved in the construction:
- Leighton Contractors Pty Ltd (the primary contractor for construction of City West Offices)
- K-Form Structural Systems Pty Ltd (the contractor who carried out the formwork and back-propping)
- Greg Mohammed (K-Form’s site supervisor)
- John Milton Morgan (the engineer contracted to inspect and certify the formwork)
The floor collapsed after Leighton had directed Mr Mohammed to replace the formwork supports on the basement level with back-propping. The back-propping was unable to support the weight of the concrete being poured.
A charge against Leighton was dismissed after the prosecution offered no evidence. The other three parties pleaded guilty to failing to comply with a safety duty.
Chief Magistrate Lorraine Walker found the offences proven against Mr Mohammed and Mr Morgan but did not record a conviction.
Chief Magistrate Walker convicted K-Form of failing to comply with a safety duty and fined the company $15,000 (the maximum penalty being $50,000). K-Form had significant control of and a permanent presence at the workplace, and its failure to meet its safety duties was the most causative of the collapse (when compared to the input of the other two defendants). K-Form received a 25% sentencing discount for pleading guilty.
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ANNUAL REPORT 2011-12 DIRECTOR OF PUBLIC PROSECUTIONS 32
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