Wrongly Convicted Database Record

 

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Western Freight Management

 

Charge:

Failure to keep proper and/or safe workplace

Sentence:

"AUS$200,000 fine"

Years Imprisoned:

Year Crime:

2004

Year Convicted:

2008

Year Cleared:

2011

U.S. State or Country of Crime:

Australia

County or Region of Crime:

New South Wales

City of Crime:

Unanderra

Result:

Judicially Exonerated

Summary of Case:

"Western Freight Management was wrongly convicted on November 20, 2008 of failing to keep a proper and safe workplace in the December 2, 2004 death of a worker at its depot in Unanderra, New South Wales, Australia. On July 30, 2009 the company was sentenced to pay a fine of AUS$200,000. The company appealed its conviction and sentence and in June 2011 the company's conviction was quashed on the basis the company had not committed an offense because it had taken all necessary safety precautions. The appeals court issued an order for costs to be paid, and in September 2013 an order was issued for AUS$414,000 in costs to be paid by WorkCover to Western Freight Management."

Conviction Caused By:

Innocence Proved By:

"On June 16, 2011 Western Freight Management's 2008 conviction was quashed on the basis the company had not committed an offense because it had taken all necessary safety precautions. In September 2013 it was awarded costs of AUS$414,000 in costs."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Business

Skin/Ethnicity:

Information Source 1:

"Exoneration over man’s death, By Janice Harris (staff), Central Western Daily (Orange, NSW, Australia), September 30, 2013"

Information Location 1:

http://www.centralwesterndaily.com.au/story/1808745/exoneration-over-mans-death/?cs=103

Information Source 2:

Western Freight Management Pty Ltd v Inspector Patton [2011] NSWIRComm 68 (16 June 2011)

Information Location 2:

http://www.austlii.edu.au/au/cases/nsw/NSWIRComm/2011/68.html

Information Source 3:

Inspector Patton v Western Freight Management Pty Ltd (No 2) [2009] NSWIRComm 124

Information Location 3:

http://www.lawlink.nsw.gov.au/ircjudgments/2008nswirc.nsf/00000000000000000000000000000000/cb98d80fd267dfb5ca25750600246abf?opendocumenthttp://www.lawlink.nsw.gov.au/ircjudgments/2009nswirc.nsf/00000000000000000000000000000000/f59299eff3809941ca257602001cdaf5?opendocument

Information Source 4:

Inspector Patton v Western Freight Management Pty Ltd [2008] NSWIRComm 217

Information Location 4:

http://www.lawlink.nsw.gov.au/ircjudgments/2008nswirc.nsf/00000000000000000000000000000000/cb98d80fd267dfb5ca25750600246abf?opendocument

Information Source 5:

Information Location 5:

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Book Information:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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