SafeWork NSW v Deicorp Pty Ltd [2018] NSWDC 251

SafeWork NSW v Deicorp Pty Ltd [2018] NSWDC 251

Deicorp Pty Ltd, as principal contractor in control of the workplace, failed to implement readily available, straightforward, and inexpensive safety measures to prevent the risk of falls through penetrations in the worksite, thereby exposing workers to a foreseeable risk of death or serious injury. The breach was serious because the control measures were neither complex nor burdensome, and obligations under the safety regime are non-delegable. This warranted a conviction and substantial penalty, mitigated by an early plea, remorse, and good character.

Parties
Prosecutor: SafeWork New South Wales; Offender: Deicorp Pty Ltd
Jurisdiction
Australia
Judgment Date
14 September 2018
Procedural Posture
Criminal / Sentencing
Outcome
The offender is convicted and fined $75,000.00; 50% of the fine is to be paid to the prosecutor. Offender to pay prosecution's costs as agreed or assessed.
Legal Topics
Duty of Person Conducting Business or Undertaking, Risk of Death and Serious Injury, Mitigating Factors, Aggravating Factors, Plea of Guilty, General Deterrence, Specific Deterrence, Totality, Remorse, Contrition, Appropriate Penalty, Prosecution Costs
Criminal Law Work Health and Safety Sentencing Duty of Person Conducting Business or Undertaking Risk of Death and Serious Injury Mitigating Factors Aggravating Factors Plea of Guilty +7 more

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Parties

SafeWork New South Wales

Prosecutor

Deicorp Pty Ltd

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Deicorp breached its health and safety duty under the Work Health and Safety Act 2011 by exposing a worker to risk of death or serious injury
  2. 2 Assessment of the objective seriousness of the offending conduct for sentencing
  3. 3 Appropriate penalty considering aggravating and mitigating factors

Ratio Decidendi

Deicorp Pty Ltd, as principal contractor in control of the workplace, failed to implement readily available, straightforward, and inexpensive safety measures to prevent the risk of falls through penetrations in the worksite, thereby exposing workers to a foreseeable risk of death or serious injury. The breach was serious because the control measures were neither complex nor burdensome, and obligations under the safety regime are non-delegable. This warranted a conviction and substantial penalty, mitigated by an early plea, remorse, and good character.

Court Disposition

The offender is convicted and fined $75,000.00; 50% of the fine is to be paid to the prosecutor. Offender to pay prosecution's costs as agreed or assessed.

Orders

  • The offender is convicted.
  • A fine of $75,000.00 is imposed.