Safework NSW v ABC Tissue Products Pty Ltd [2020] NSWDC 640

Safework NSW v ABC Tissue Products Pty Ltd [2020] NSWDC 640

The offender was convicted and fined because it failed to control an obvious and serious risk created by forklifts unloading large jumbo rolls in a loading bay where pedestrians could enter, despite known visibility problems and the availability of simple, inexpensive controls. The offence was of considerable objective gravity and caused extremely serious injury, with prior convictions and substantial harm aggravating the sentence, but the penalty was reduced for the guilty plea, remorse, cooperation, good prospects of rehabilitation, post-incident remedial steps and exceptional corporate citizenship.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence / Sentence Following Plea of Guilty
Outcome
ABC Tissue Products Pty Ltd was convicted and fined $300,000, with an order to pay the prosecutor's agreed costs of $40,000 and 50% of the fine to be paid to the prosecutor.
Legal Topics
['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'worker Injured' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'plea of Guilty' 'remorse' 'totality']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'worker Injured' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'plea of Guilty' 'remorse' 'totality']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution for Work Health and Safety Offence / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['Whether ABC Tissue Products Pty Ltd failed to comply with its health and safety duty under section 19(1) Work Health and Safety Act 2011 and thereby exposed Simara Put to a risk of death or serious injury contrary to section 32 of the Act.' 'What penalty should be imposed for the work health and safety offence after considering objective seriousness, deterrence, aggravating factors, mitigating factors, the guilty plea, remorse, rehabilitation and cooperation.']

Ratio Decidendi

The offender was convicted and fined because it failed to control an obvious and serious risk created by forklifts unloading large jumbo rolls in a loading bay where pedestrians could enter, despite known visibility problems and the availability of simple, inexpensive controls. The offence was of considerable objective gravity and caused extremely serious injury, with prior convictions and substantial harm aggravating the sentence, but the penalty was reduced for the guilty plea, remorse, cooperation, good prospects of rehabilitation, post-incident remedial steps and exceptional corporate citizenship.

Court Disposition

ABC Tissue Products Pty Ltd was convicted and fined $300,000, with an order to pay the prosecutor's agreed costs of $40,000 and 50% of the fine to be paid to the prosecutor.

Orders

  • ['ABC Tissue Products Pty Ltd is convicted.' 'I impose a fine of $300,000.' "The offender is to pay the prosecutor's costs agreed in the sum of $40,000." 'I order that pursuant to section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.']