SafeWork NSW v AST Services Pty Ltd [2022] NSWDC 293

Procedural Posture

Criminal Prosecution for Work Health and Safety Offence / Sentence After Plea of Guilty

Legal Issues

1. 1 ["What penalty should be imposed for AST Services Pty Ltd's failure to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011, exposing Gregory Harris to a risk of death or serious injury contrary to s 32 of the Act." 'Whether the offence was objectively serious having regard to the known risk of steel pipes falling from a flatbed truck and the reasonably practicable steps available to eliminate or minimise that risk.' "What aggravating and mitigating factors should be taken into account on sentence, including Mr Harris' injuries, the offender's prior record, rehabilitation, remorse, co-operation and guilty plea."]

Ratio Decidendi

The offence was objectively serious because the offender knew of the risk of pipes falling during loading, unloading or transport, its controls were incomplete and inadequate, the risk could cause death or serious injury, and reasonably practicable steps such as engineering controls using stanchions were available. Mr Harris' serious life-changing injuries aggravated the offence, but the offender had no prior convictions, was unlikely to re-offend, had good prospects of rehabilitation, demonstrated remorse, co-operated with the investigation, was a good corporate citizen and pleaded guilty. A fine of $280,000 was appropriate before applying a 25% guilty plea discount, resulting in a fine...

Court Disposition

AST Services Pty Ltd was convicted and fined $210,000.

Orders

• ['AST Services Pty Ltd is convicted.' 'I impose a fine of $210,000.' "The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed." 'I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.']