The County Court struck out the 'risk eventuated' particulars (Charge 1, Particular 9 and Charge 2, Particular 7) from the indictment on the basis that the manner of death is not an element of a risk-based s23 OHS offence and its inclusion in the indictment risked unfair prejudice, but permitted the prosecution to lead limited evidence of the deceased's admission, placement in a room with a ceiling hoist, and the bare circumstances of his death as relevant to the existence of the risk, its likelihood, and the reasonable practicability of control measures under s20(2). The Court also excluded the evidence of Associate Professor Katz entirely and limited Professor Large's evidence, excluded Inspector Doulis's hearsay evidence, and required the prosecution to further particularise the control measures in both charges, finding that the pleadings as drafted were in a state of 'real uncertainty' that compounded the difficulty of determining relevance and prejudice.
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