SafeWork NSW v Woods [2023] NSWDC 510

SafeWork NSW v Woods [2023] NSWDC 510

The offence was in the mid-range of objective seriousness because the risks of working at height were well known, the offender knew scaffolding was necessary, no adequate system or site-specific control was in place, the likelihood of the risk eventuating was moderate, and the risk involved death and caused serious injury. However, specific deterrence was of little weight, and the offender's lack of prior convictions, good character, remorse, good prospects of rehabilitation, guilty plea, mental health condition, financial circumstances, and post-incident safety improvements made a s 239 Work Health and Safety Act 2011 undertaking with treatment conditions more appropriate than a...

Jurisdiction
Australia
Judgment Date
22 November 2023
Procedural Posture
Criminal Prosecution for an Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty
Outcome
Wade Woods was convicted; the proceedings were adjourned until 21 November 2025 and he was released on giving an undertaking under s 239 Work Health and Safety Act 2011, with conditions, and ordered to pay the prosecutor's costs as agreed or assessed.
Legal Topics
['duty of Officers of a Person Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'fall From Height' 'objective Seriousness' 'general Deterrence' 'aggravating and Mitigating Factors' 'capacity to Pay a Fine' 'work Health and Safety Undertaking']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Officers of a Person Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'fall From Height' 'objective Seriousness' 'general Deterrence' 'aggravating and Mitigating Factors' 'capacity to Pay a Fine' 'work Health and Safety Undertaking']

Case Brief

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Procedural Posture

Criminal Prosecution for an Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for the offender's failure to comply with his health and safety duty under s 27 of the Work Health and Safety Act 2011, exposing Garry Fielding to a risk of death or serious injury under s 32." 'Whether the offence was objectively serious, including the likelihood of the risk coming home, the risk of death and the serious injuries sustained.' 'How general deterrence, specific deterrence, aggravating and mitigating factors, remorse, rehabilitation, plea of guilty and capacity to pay should affect sentence.' 'Whether a substantial fine or an undertaking under s 239 of the Work Health and Safety Act 2011 was the appropriate penalty.']

Ratio Decidendi

The offence was in the mid-range of objective seriousness because the risks of working at height were well known, the offender knew scaffolding was necessary, no adequate system or site-specific control was in place, the likelihood of the risk eventuating was moderate, and the risk involved death and caused serious injury. However, specific deterrence was of little weight, and the offender's lack of prior convictions, good character, remorse, good prospects of rehabilitation, guilty plea, mental health condition, financial circumstances, and post-incident safety improvements made a s 239 Work Health and Safety Act 2011 undertaking with treatment conditions more appropriate than a...

Court Disposition

Wade Woods was convicted; the proceedings were adjourned until 21 November 2025 and he was released on giving an undertaking under s 239 Work Health and Safety Act 2011, with conditions, and ordered to pay the prosecutor's costs as agreed or assessed.

Orders

  • ['Wade Woods is convicted.' 'The proceedings are adjourned until 21 November 2025 and the offender is released on giving an Undertaking pursuant to s 239 Work Health and Safety Act 2011.' 'The offender must appear before the Court if called on to do so during the period of the adjournment.' 'The offender is to be of...