SafeWork NSW v Askfay Pty Ltd; and; SafeWork NSW v Anthony Elias Felix Grima [2021] NSWDC 572

SafeWork NSW v Askfay Pty Ltd; and; SafeWork NSW v Anthony Elias Felix Grima [2021] NSWDC 572

Askfay Pty Ltd and Anthony Elias Felix Grima breached their non-delegable health and safety duties under the Work Health and Safety Act 2011 (NSW) by failing to ensure adequate protection for workers at a construction site, exposing them to a foreseeable risk of serious injury and failing to implement available safety measures. The offences fell in the middle range of seriousness, warranting substantial fines despite mitigating factors such as early guilty plea and evidence of limited capacity to pay.

Jurisdiction
Australia
Judgment Date
22 October 2021
Procedural Posture
Criminal / Sentencing
Outcome
Convictions entered and fines imposed on both defendants.
Legal Topics
['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay' 'totality of Sentence']
['criminal Law' 'work Health and Safety'] ['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay' 'totality of Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Failure to comply with health and safety duties under s 19(1) and s 20(2) of the Work Health and Safety Act 2011 (NSW)' 'Exposure of workers to risk of death or serious injury']

Ratio Decidendi

Askfay Pty Ltd and Anthony Elias Felix Grima breached their non-delegable health and safety duties under the Work Health and Safety Act 2011 (NSW) by failing to ensure adequate protection for workers at a construction site, exposing them to a foreseeable risk of serious injury and failing to implement available safety measures. The offences fell in the middle range of seriousness, warranting substantial fines despite mitigating factors such as early guilty plea and evidence of limited capacity to pay.

Court Disposition

Convictions entered and fines imposed on both defendants.

Orders

  • ["Askfay Pty Ltd convicted and fined $375,000.00, with 50% payable to the prosecutor; ordered to pay prosecutor's costs as agreed or assessed." "Anthony Elias Felix Grima convicted and fined $37,500.00, with 50% payable to the prosecutor; ordered to pay prosecutor's costs as agreed or assessed."]