3 The following is a summary of the factual background to these matters as set out in the Agreed Statement of Facts which was tendered, by consent, at first instance:
(1) The Company was engaged in the timber joinery and shop fitting industry. In December 2001, Mr Brian Coleman was the Managing Director of the Company and Mr Graham Coleman was the Factory Foreman.
(2) The Company conducted business at a factory in Lidcome. The factory consisted of three levels. The ground floor incorporated two offices, storage and loading areas, and two areas containing woodworking machines. On the middle level, there were workbenches and woodworking machines. The top level consisted of a polish shop and two areas containing woodworking machines, workbenches, mobile work trolleys and pallets of material and finished product. Access to all levels was via staircases. The middle and top levels are mezzanine levels, in that there is a penetration in the floor leading to the ground floor of the factory, providing fork lift access to the middle and upper levels. The penetration was fenced on three sides by fixed tubular steel guard rails, and there were removable gates on the remaining side.
(3) Mr Doyle was employed by the Company to work in the factory as a labourer. Mr Doyle was 16 years old at the time of the incident.
(4) On 21 December 2001, Mr Doyle was working at the factory. Also present were Mr Robert Ciacchi (storeman); Mr Alan Calistro (a contractor); Mr Michael Fraser (contractor engaged as site foreman); Mr Stephen Last; Mr Bruno Pomente; Mr Mark Ashby; Mr Branislav Prastalo; Mr Jason Gobbo; and Mr Emmanuel Manolis. The Company and its employees were preparing for a work Christmas party which was to commence at noon that day.
(5) At about 10 or 11am, Mr Doyle was called to attend the top level of the factory, purportedly to assist in moving cabinets. When he arrived, he was grabbed by Messrs Pomente, Manolis, Prastalo, Gobbo and Ashby, who wrapped him from his neck to his feet in plastic wrap using a manual plastic wrapping machine. He was placed on his back on a mobile work trolley, and secured to the trolley with more plastic wrap.
(6) Mr Doyle asked to be freed. Mr Gobbo placed a Stanley knife at the end of a table near Mr Doyle and said words to the effect of "if you can reach it you can cut yourself free". The trolley was pushed from side to side and spun around.
(7) Mr Doyle's shoes and "bum-bag" were removed and filled with sawdust. Sawdust was thrown over Mr Doyle, and shoved down his trousers and shirt. Mr Pomente squirted wood glue into Mr Doyle's shoes, over his body and in his mouth.
(8) Mr Pomente then shoved a handful of sawdust into Mr Doyle's mouth. Mr Doyle, an asthmatic, coughed and choked and was unable to breathe. Either Mr Gobbo or Mr Ashby then used a fire hose to wash the sawdust and glue out of Mr Doyle's mouth. As one of the group of men squirted glue into Mr Doyle's mouth, another squirted a fire hose into his mouth. Mr Doyle spat the mixture out of his mouth as more was pumped in.
(9) The entire incident lasted approximately half an hour. Mr Fraser cut Mr Doyle free from the plastic wrap and the trolley. Mr Pomente told Mr Fraser not to do so.
(10) Mr Doyle was given his Ventolin inhaler by his mother, Carmen Doyle, who was also an employee of the Company.