SafeWork NSW v Millwell Cush Pty Ltd [2019] NSWDC 302

SafeWork NSW v Millwell Cush Pty Ltd [2019] NSWDC 302

Millwell Cush Pty Ltd was convicted because it pleaded guilty to failing to comply with its health and safety duty by failing to take reasonably practicable measures to eliminate or minimise the risk of serious injury to workers, resulting in substantial injury to an employee, with the objective seriousness of the offence and need for general deterrence warranting a penalty reduced for mitigating factors including early plea, remorse, cooperation, and no prior record.

Parties
Prosecutor: SafeWork New South Wales; Offender: Millwell Cush Pty Ltd
Jurisdiction
Australia
Judgment Date
08 July 2019
Procedural Posture
Criminal / Sentence
Outcome
The offender is convicted and fined $112,500 after a 25% discount for a plea of guilty, with 50% of the fine payable to the prosecutor and an order for payment of the prosecutor's costs.
Legal Topics
Work Health and Safety Duty, Employer Liability, Sentencing Principles, Prosecution Costs, General Deterrence, Aggravating and Mitigating Factors
Criminal Law Work Health and Safety Work Health and Safety Duty Employer Liability Sentencing Principles Prosecution Costs General Deterrence Aggravating and Mitigating Factors

Case Brief

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Parties

SafeWork New South Wales

Prosecutor

Millwell Cush Pty Ltd

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Millwell Cush Pty Ltd failed to comply with its health and safety duty under s19(1) of the Work Health and Safety Act 2011, exposing a worker to risk of death or serious injury
  2. 2 The objective seriousness of the offence and appropriate penalty

Ratio Decidendi

Millwell Cush Pty Ltd was convicted because it pleaded guilty to failing to comply with its health and safety duty by failing to take reasonably practicable measures to eliminate or minimise the risk of serious injury to workers, resulting in substantial injury to an employee, with the objective seriousness of the offence and need for general deterrence warranting a penalty reduced for mitigating factors including early plea, remorse, cooperation, and no prior record.

Court Disposition

The offender is convicted and fined $112,500 after a 25% discount for a plea of guilty, with 50% of the fine payable to the prosecutor and an order for payment of the prosecutor's costs.

Orders

  • The offender is convicted.
  • A fine of $150,000 is imposed, reduced by 25% for a plea of guilty.