Full Court Minute Books

Case M126/2011

Baiada Poultry Pty Ltd v. The Queen

Case No.


Case Information

Lower Court Judgment

18/02/2011 Supreme Court of Victoria (Court of Appeal) (Nettle, Neave JJA and Kyrou AJA)

[2011] VSCA 23


Criminal law — Occupational health and safety — Duties of employer — Control — Applicant convicted of breaching s 21(1) of Occupational Health and Safety Act 2004 (Vic) ("Act") following death of driver ("decedent") engaged as independent contractor by applicant — Decedent struck by crate being moved by forklift operated by unlicensed driver employed by third party company engaged as independent contractor by applicant — Court of Appeal held trial judge's directions to jury inadequate on basis that jury ought to have been directed that, if satisfied that control on the part of the applicant was established, they were bound to consider whether they were satisfied beyond reasonable doubt that the applicant's engagement of independent contractors was not sufficient to discharge obligations — Court of Appeal held no substantial miscarriage of justice occasioned by misdirection and applied s 568(1) of Crimes Act 1958 (Vic) ("proviso") to dismiss appeal — Whether Court of Appeal erred in application of proviso by finding it had discretion to apply proviso and in circumstances where applicant was denied jury's consideration of one of its principal defences.

Short Particulars


02/09/2011 Hearing (SLA, Melbourne)

14/09/2011 Notice of appeal

28/09/2011 Written submissions (Appellant)

28/09/2011 Chronology (Appellant)

19/10/2011 Written submissions (Respondent)

28/10/2011 Reply

07/02/2012 Hearing (Full Court, Canberra)

30/03/2012 Judgment  (Judgment summary)