Read the full judgment text of HCMA 000890/1995 on BabelCite. This High Court CFI judgment was delivered on 28 November 1995 before Duffy J.
Criminal law – statutory interpretation – Factories and Industrial Undertakings (Lifting Appliances and Lifting Gear) Regulations – definition of crane – exclusion of excavators – excavator used for lifting – whether still an excavator – appeal allowed – conviction quashed – the appellant company convicted for failing to periodically inspect a crane – the machine was an excavator with a hook on its bucket used to lift and transport a machine – the primary definition of crane includes any appliance with mechanical means for raising and lowering a load while suspended – but the regulation expressly excludes 'an earth or mineral moving or excavating appliance not fitted with a grab' – the court held the exclusion is unqualified and does not depend on actual use – the excavator remains an excavator for the purposes of the regulations even if misused for lifting – the appeal was allowed and the convictions quashed.
Legal issues: Interpretation of 'crane' definition in regulations
Outcome: Appeal against conviction allowed; convictions quashed.