SafeWork NSW v Grant [2017] NSWDC 99

SafeWork NSW v Grant [2017] NSWDC 99

The offence was of considerable seriousness because the risk of death or serious injury to workers from climbing or working near the dead tree was obvious and in fact foreseen, the consequences were plainly serious, and readily available measures such as a crane, elevated working platforms, structural integrity testing, exclusion zones and safe escape routes could have eliminated or reduced the risk. Taking into account aggravating factors, general and specific deterrence, the guilty plea, cooperation, no prior conviction and limited evidence of hardship, an $80,000 fine was appropriate.

Jurisdiction
Australia
Judgment Date
09 May 2017
Procedural Posture
Work Health and Safety Category 2 Offence Sentencing / Sentence After Guilty Plea
Outcome
The defendant was convicted and fined $80,000 with a moiety to the prosecutor, and ordered to pay the prosecutor's costs as agreed or assessed.
Legal Topics
['category 2 Offence' 'guilty Plea' 'tree Felling' 'foreseeability of Risk' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors']
['work Health and Safety' 'criminal Sentencing'] ['category 2 Offence' 'guilty Plea' 'tree Felling' 'foreseeability of Risk' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors']

Case Brief

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Procedural Posture

Work Health and Safety Category 2 Offence Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the defendant's breach of s 32 of the Work Health and Safety Act 2011 after a guilty plea." 'The seriousness of the offence having regard to the foreseeability of the risk of death or serious injury and the measures available to avoid the risk.' 'The relevance of aggravating factors, deterrence, the guilty plea, cooperation, absence of prior convictions and claimed remorse.']

Ratio Decidendi

The offence was of considerable seriousness because the risk of death or serious injury to workers from climbing or working near the dead tree was obvious and in fact foreseen, the consequences were plainly serious, and readily available measures such as a crane, elevated working platforms, structural integrity testing, exclusion zones and safe escape routes could have eliminated or reduced the risk. Taking into account aggravating factors, general and specific deterrence, the guilty plea, cooperation, no prior conviction and limited evidence of hardship, an $80,000 fine was appropriate.

Court Disposition

The defendant was convicted and fined $80,000 with a moiety to the prosecutor, and ordered to pay the prosecutor's costs as agreed or assessed.

Orders

  • ['The defendant is convicted and fined the sum of $80,000 with a moiety to the prosecutor.' "The defendant is to pay the prosecutor's costs as agreed or assessed."]