Inspector Webster v AGG Concreting Pty Ltd, Darryl Coffey and Steven Stathis [2009] NSWIRComm 55

Inspector Webster v AGG Concreting Pty Ltd, Darryl Coffey and Steven Stathis [2009] NSWIRComm 55

Given the objective seriousness of the offence, the need for deterrence, and the fact that both corporate and personal defendants are responsible for the breach, a substantial penalty is warranted but mitigated by guilty pleas, cooperation, contrition, lack of prior convictions, and the unique arrangement by which the personal defendants will bear the financial penalty. Therefore, reduced penalties are appropriate for the personal defendants concurrent with the corporate penalty. Relief under s 10 Crimes (Sentencing Procedure) Act is not justified.

Parties
Prosecutor: Inspector David Webster (WorkCover Authority of New South Wales); Defendant: AGG Concreting Pty Ltd; Defendant: Darryl Brian Coffey; Defendant: Steven Stathis
Jurisdiction
Australia
Judgment Date
29 April 2009
Procedural Posture
OHS Prosecution (criminal) / Sentencing (penalty) After Guilty Plea
Outcome
Defendants found guilty and convicted. Penalties imposed as sentenced, with costs awarded.
Legal Topics
Corporate Liability Under OHS, Director Liability, Sentencing, Penalties and Fines, Mitigation in Sentencing
Occupational Health and Safety Criminal Law Corporate Liability Under OHS Director Liability Sentencing Penalties and Fines Mitigation in Sentencing

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Parties

Inspector David Webster (WorkCover Authority of New South Wales)

Prosecutor

AGG Concreting Pty Ltd

Defendant

Darryl Brian Coffey

Defendant

Steven Stathis

Defendant

Procedural Posture

OHS Prosecution (criminal) / Sentencing (penalty) After Guilty Plea

Legal Issues

  1. 1 Appropriate penalty for breach of s 8(2) via s 26(1) Occupational Health and Safety Act 2000 by corporate defendant and directors
  2. 2 Whether mitigating factors justify a reduced penalty
  3. 3 Application of s 10 Crimes (Sentencing Procedure) Act 1999 to personal defendants

Ratio Decidendi

Given the objective seriousness of the offence, the need for deterrence, and the fact that both corporate and personal defendants are responsible for the breach, a substantial penalty is warranted but mitigated by guilty pleas, cooperation, contrition, lack of prior convictions, and the unique arrangement by which the personal defendants will bear the financial penalty. Therefore, reduced penalties are appropriate for the personal defendants concurrent with the corporate penalty. Relief under s 10 Crimes (Sentencing Procedure) Act is not justified.

Court Disposition

Defendants found guilty and convicted. Penalties imposed as sentenced, with costs awarded.

Orders

  • AGG Concreting Pty Ltd fined $70,000 (moiety to prosecutor)
  • Darryl Brian Coffey fined $3,500 (moiety to prosecutor)