SafeWork NSW v Ampelite Australia Pty Ltd [2022] NSWDC 22

SafeWork NSW v Ampelite Australia Pty Ltd [2022] NSWDC 22

Ampelite's culpability for the s 19(1)/s 32 offence was in the upper half of the mid range because it knew of and created a foreseeable risk, the unguarded Press made the likelihood of injury high, Mr Pasi had been exposed to the risk on prior occasions, the potential consequences were death or serious injury, simple and well-known control measures were readily available without great burden, and Mr Pasi suffered serious crushing injuries requiring amputation of two fingers. Ampelite's culpability for the s 38 offence was in the low range because it reported the incident to iCare under a mistaken belief and did not deliberately evade its obligation to notify SafeWork NSW. After applying...

Jurisdiction
Australia
Judgment Date
22 February 2022
Procedural Posture
Criminal Prosecution for Work Health and Safety Offences / Sentence After Pleas of Guilty
Outcome
Ampelite Australia Pty Ltd was convicted in both District Court proceedings and fined $135,000 for the s 32 offence and $12,000 for the s 38 offence, with 50% of each fine to be paid to the prosecutor; costs of $46,000 were ordered in proceeding 2021/00141331 and no costs order was made in proceeding 2021/00141316.
Legal Topics
['duty of Person Conducting a Business or Undertaking' 'failure to Comply With Work Health and Safety Duty' 'risk of Death or Serious Injury' 'failure to Notify Notifiable Incident' 'mechanical Power Press Guarding' 'risk Assessment' 'instruction, Training and Supervision' 'general and Specific Deterrence' 'plea of Guilty Discount' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Person Conducting a Business or Undertaking' 'failure to Comply With Work Health and Safety Duty' 'risk of Death or Serious Injury' 'failure to Notify Notifiable Incident' 'mechanical Power Press Guarding' 'risk Assessment' 'instruction, Training and Supervision' 'general and Specific Deterrence' 'plea of Guilty Discount' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offences / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for Ampelite Australia Pty Ltd's offence under s 32 of the Work Health and Safety Act 2011 (NSW) arising from failure to comply with its s 19(1) work health and safety duty." "What penalty should be imposed for Ampelite Australia Pty Ltd's offence under s 38(1) of the Work Health and Safety Act 2011 (NSW) arising from failure to notify SafeWork NSW of a notifiable incident." 'How the objective seriousness, foreseeability of risk, available control measures, injuries, deterrence, aggravating factors, mitigating factors, plea of guilty, capacity to pay and costs should affect sentence.']

Ratio Decidendi

Ampelite's culpability for the s 19(1)/s 32 offence was in the upper half of the mid range because it knew of and created a foreseeable risk, the unguarded Press made the likelihood of injury high, Mr Pasi had been exposed to the risk on prior occasions, the potential consequences were death or serious injury, simple and well-known control measures were readily available without great burden, and Mr Pasi suffered serious crushing injuries requiring amputation of two fingers. Ampelite's culpability for the s 38 offence was in the low range because it reported the incident to iCare under a mistaken belief and did not deliberately evade its obligation to notify SafeWork NSW. After applying...

Court Disposition

Ampelite Australia Pty Ltd was convicted in both District Court proceedings and fined $135,000 for the s 32 offence and $12,000 for the s 38 offence, with 50% of each fine to be paid to the prosecutor; costs of $46,000 were ordered in proceeding 2021/00141331 and no costs order was made in proceeding 2021/00141316.

Orders

  • ['In District Court Proceedings 2021/00141331: Ampelite Australia Pty Ltd is convicted.' 'In District Court Proceedings 2021/00141331: The appropriate fine is $180,000 but that will be reduced by 25% to reflect the early plea of guilty.' 'In District Court Proceedings 2021/00141331: Order Ampelite Australia Pty Ltd...