SafeWork NSW v Meoushy [2023] NSWDC 498

SafeWork NSW v Meoushy [2023] NSWDC 498

Alex Meoushy, being a person with management or control of the site, failed to ensure the site was not disturbed after a notifiable incident until a SafeWork NSW inspector arrived, resulting in a breach of s 39(1) of the Work Health and Safety Act 2011 (NSW). The offence is objectively serious and warrants conviction, a penalty reflecting general and specific deterrence, and a discount for an early guilty plea. Additional mitigating factors include the defendant’s good character and lack of prior convictions. Costs are awarded to the prosecutor.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Criminal / Sentence
Outcome
convicted
Legal Topics
['failure to Notify Regulator of Notifiable Incident' 'sentence' 'costs' 'objective Seriousness' 'plea of Guilty' 'deterrence' 'maximum Penalties' 'remorse and Contrition']
['criminal Law' 'work Health and Safety'] ['failure to Notify Regulator of Notifiable Incident' 'sentence' 'costs' 'objective Seriousness' 'plea of Guilty' 'deterrence' 'maximum Penalties' 'remorse and Contrition']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Did the defendant fail to ensure, so far as reasonably practicable, that the site of the notifiable incident was not disturbed until an inspector arrived or directed otherwise?' 'What is the appropriate penalty for the breach of s 39(1) of the Work Health and Safety Act 2011 (NSW)?' 'What is the impact of mitigating and aggravating factors, including the plea of guilty and good character, on the sentence?' 'Should costs be awarded to the prosecutor?']

Ratio Decidendi

Alex Meoushy, being a person with management or control of the site, failed to ensure the site was not disturbed after a notifiable incident until a SafeWork NSW inspector arrived, resulting in a breach of s 39(1) of the Work Health and Safety Act 2011 (NSW). The offence is objectively serious and warrants conviction, a penalty reflecting general and specific deterrence, and a discount for an early guilty plea. Additional mitigating factors include the defendant’s good character and lack of prior convictions. Costs are awarded to the prosecutor.

Court Disposition

convicted

Orders

  • ['The defendant is convicted.' 'The appropriate fine for the offence is $6,000.00, reduced by 25% to reflect the plea of guilty.' 'The defendant is ordered to pay a fine of $4,500.00.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the prosecutor.' "Pursuant to s 257B of...