SafeWork NSW v A1 Arbor Tree Services Pty Ltd and Anor [2023] NSWDC 256

SafeWork NSW v A1 Arbor Tree Services Pty Ltd and Anor [2023] NSWDC 256

A1 Arbor Tree Services Pty Ltd and Tony Saunders failed to ensure, so far as was reasonably practicable, the health and safety of workers by permitting operation of a woodchipper without an operational feed control bar, contrary to manufacturer instructions and numerous safety warnings. The risk of death or serious injury was obvious and foreseeable, guidance material and industry practice made mitigation simple and feasible, and the failure to act, despite repeated warnings and available safety measures, constituted objective seriousness requiring substantial penalties. Early guilty pleas were allowed a standard discount but, given the high gravity of the offending and recklessness,...

Parties
Prosecutor: SafeWork NSW; Defendant: A1 Arbor Tree Services Pty Ltd; Defendant: Tony Saunders
Jurisdiction
Australia
Judgment Date
14 July 2023
Procedural Posture
Criminal / Sentence
Outcome
Conviction and substantial fines imposed on both defendants; orders for costs made in favour of the prosecutor.
Legal Topics
Prosecution, Work Health and Safety, Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Recklessness, Sentencing, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, Deterrence, Remorse and Contrition, Maximum Penalties, Capacity to Pay, Costs
Criminal Law Work Health and Safety Law Prosecution Work Health and Safety Duty of Persons Undertaking Business Risk of Death or Serious Injury Recklessness Sentencing +9 more

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Parties

SafeWork NSW

Prosecutor

A1 Arbor Tree Services Pty Ltd

Defendant

Tony Saunders

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether A1 Arbor Tree Services Pty Ltd failed to comply with its health and safety duty and was reckless in that act under s 31 of the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether Tony Saunders failed to take reasonable care not to adversely affect the health and safety of others under s 32 of the Work Health and Safety Act 2011 (NSW)

Ratio Decidendi

A1 Arbor Tree Services Pty Ltd and Tony Saunders failed to ensure, so far as was reasonably practicable, the health and safety of workers by permitting operation of a woodchipper without an operational feed control bar, contrary to manufacturer instructions and numerous safety warnings. The risk of death or serious injury was obvious and foreseeable, guidance material and industry practice made mitigation simple and feasible, and the failure to act, despite repeated warnings and available safety measures, constituted objective seriousness requiring substantial penalties. Early guilty pleas were allowed a standard discount but, given the high gravity of the offending and recklessness,...

Court Disposition

Conviction and substantial fines imposed on both defendants; orders for costs made in favour of the prosecutor.

Orders

  • A1 Arbor Tree Services Pty Ltd convicted and fined $2,025,000.00 (after reductions for plea and financial circumstances)
  • Tony Saunders convicted and fined $101,250.00 (after reductions for plea and financial circumstances)