INSPECTOR PAMELA ESTREICH v ONE STEEL COIL COATERS PTY LIMITED [2015] NSWDC 242

INSPECTOR PAMELA ESTREICH v ONE STEEL COIL COATERS PTY LIMITED [2015] NSWDC 242

The Court found that the offence of failing to ensure the health, safety and welfare of an employee was in the low range of objective seriousness due to the offender's prior safety commitment and post-incident steps, but aggravated by substantial injury. The appropriate penalty was determined by applying relevant aggravating and mitigating factors under the Crimes (Sentencing Procedure) Act 1999, and a 25% discount was granted for an early guilty plea. A total fine of $45,000 was imposed, along with an order for the offender to pay the prosecutor's costs ($30,000).

Parties
Prosecutor: Inspector Pamela Estreich; Offender: One Steel Coil Coaters Pty Limited
Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Criminal Sentence / Sentence After Plea of Guilty
Outcome
Offender fined $45,000 (after 25% discount), order for payment of prosecutor's costs
Legal Topics
Sentencing, Workplace Injury, Employer's Duties, Objective Seriousness, Mitigating Factors, Aggravating Factors, Fines
Criminal Law Work Health and Safety Sentencing Workplace Injury Employer's Duties Objective Seriousness Mitigating Factors Aggravating Factors +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Inspector Pamela Estreich

Prosecutor

One Steel Coil Coaters Pty Limited

Offender

Procedural Posture

Criminal Sentence / Sentence After Plea of Guilty

Legal Issues

  1. 1 What is the appropriate sentence for an employer that failed to ensure the health, safety and welfare of an employee resulting in serious injury?
  2. 2 What are the relevant aggravating and mitigating factors under the Crimes (Sentencing Procedure) Act 1999 in this case?
  3. 3 What discount, if any, should be applied for an early plea of guilty?

Ratio Decidendi

The Court found that the offence of failing to ensure the health, safety and welfare of an employee was in the low range of objective seriousness due to the offender's prior safety commitment and post-incident steps, but aggravated by substantial injury. The appropriate penalty was determined by applying relevant aggravating and mitigating factors under the Crimes (Sentencing Procedure) Act 1999, and a 25% discount was granted for an early guilty plea. A total fine of $45,000 was imposed, along with an order for the offender to pay the prosecutor's costs ($30,000).

Court Disposition

Offender fined $45,000 (after 25% discount), order for payment of prosecutor's costs

Orders

  • Offender fined $45,000
  • Prosecutor to receive a moiety of the fine