SafeWork NSW v Arkwood (Gloucester) Pty Limited (No. 2) [2022] NSWDC 201

SafeWork NSW v Arkwood (Gloucester) Pty Limited (No. 2) [2022] NSWDC 201

Arkwood's culpability was in the mid range because it knew of, or should have foreseen, the risk associated with crane operations near live overhead power lines; the likelihood of the risk occurring was high; the possible consequences were death or serious injury; and simple, well-known, low-burden steps were available to eliminate or minimise the risk. Although the injuries and harm were substantial and general deterrence was important, the penalty was moderated because Arkwood had no prior convictions, was otherwise of good character, was unlikely to reoffend, had good prospects of rehabilitation, showed remorse, cooperated with the prosecutor, and its post-incident support for injured...

Jurisdiction
Australia
Judgment Date
10 June 2022
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence / Sentence After Conviction
Outcome
Arkwood (Gloucester) Pty Limited was convicted and ordered to pay a fine and the prosecutor's agreed costs.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors' 'victim Impact Statement' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors' 'victim Impact Statement' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offence / Sentence After Conviction

Legal Issues

  1. 1 ['What penalty should be imposed on Arkwood (Gloucester) Pty Limited for failing to comply with its work health and safety duty and exposing workers to a risk of death or serious injury contrary to s 32 of the Work Health & Safety Act 2011 (NSW).' 'What was the objective seriousness and culpability of the offence.' 'What aggravating and mitigating factors should affect sentence.' "Whether Arkwood's capacity to pay a fine affected the penalty." 'What costs order should be made.']

Ratio Decidendi

Arkwood's culpability was in the mid range because it knew of, or should have foreseen, the risk associated with crane operations near live overhead power lines; the likelihood of the risk occurring was high; the possible consequences were death or serious injury; and simple, well-known, low-burden steps were available to eliminate or minimise the risk. Although the injuries and harm were substantial and general deterrence was important, the penalty was moderated because Arkwood had no prior convictions, was otherwise of good character, was unlikely to reoffend, had good prospects of rehabilitation, showed remorse, cooperated with the prosecutor, and its post-incident support for injured...

Court Disposition

Arkwood (Gloucester) Pty Limited was convicted and ordered to pay a fine and the prosecutor's agreed costs.

Orders

  • ['Arkwood (Gloucester) Pty Limited was convicted on 3 June 2022.' 'Order Arkwood (Gloucester) Pty Limited to pay a fine of $150,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.' "Order Arkwood (Gloucester) Pty Limited to pay the prosecutor's...