The Case

R v LH Holding Management Pty Ltd (2024)

In October 2020, the director of LH Holding Management Pty Ltd (LH Holding) was operating a loaded forklift on a sloping driveway at a Somerton factory when the vehicle tipped over and landed on a 25-year-old subcontractor, causing the death of the subcontractor.

WorkSafe Victoria initially charged LH Holding’s director with workplace manslaughter but transferred the charge to LH Holding under a plea deal with the State Director of Public Prosecutions. The director pleaded guilty to the alternative charge of breaching section 144 of the Occupational Health and Safety Act 2004 (Vic), admitting that the manslaughter offence was solely attributable to his failure to take reasonable care.