Prosecutors and defence counsel in OHS trials must not frame the case in terms of whether the employer's breach caused the accident; the focus must be on whether there was a risk, whether identified measures would have eliminated or reduced it, and whether those measures were reasonably practicable. Trial judges should direct juries accordingly at the start of the trial.
The full text is available to signed-in members, including the 110 later cases that cite this judgment.
21 of the 110 citing cases carry a classified treatment. How each court treated it is available to signed-in members.