Safe Work (NSW) v Action Concreting and Constructions Pty Ltd [2017] NSWDC 191

Safe Work (NSW) v Action Concreting and Constructions Pty Ltd [2017] NSWDC 191

The offender failed to ensure compliance with safety requirements, exposing a worker to significant risk of injury. The risk was obvious, control measures simple and available, and injury was substantial. The offence is within the low range of objective seriousness; mitigating factors include early guilty plea, remorse, and cooperation. A penalty is imposed that accounts for deterrence, parity, and capacity to pay.

Jurisdiction
Australia
Judgment Date
31 July 2017
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Convicted and fined
Legal Topics
['employer Duty' 'work Health and Safety' 'risk of Death or Injury' 'fall From Height' 'edge Protection' 'control Measures' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'remorse' 'penalty' 'costs']
['criminal Law' 'work Health and Safety'] ['employer Duty' 'work Health and Safety' 'risk of Death or Injury' 'fall From Height' 'edge Protection' 'control Measures' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'remorse' 'penalty' 'costs']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 ['Failure to comply with health and safety duty under s.32 WHS Act 2011' 'Exposure of worker to risk of serious injury or death' 'Appropriate penalty for offence']

Ratio Decidendi

The offender failed to ensure compliance with safety requirements, exposing a worker to significant risk of injury. The risk was obvious, control measures simple and available, and injury was substantial. The offence is within the low range of objective seriousness; mitigating factors include early guilty plea, remorse, and cooperation. A penalty is imposed that accounts for deterrence, parity, and capacity to pay.

Court Disposition

Convicted and fined

Orders

  • ['The offender is convicted.' 'Fine of $27,000 imposed.' '50% of the fine to be paid to prosecutor pursuant to s.122(2) Fines Act 1996.' 'Offender to pay prosecutors costs as agreed in sum of $13,000.']