SafeWork NSW v Bay Trusses & Frames Pty Ltd [2020] NSWDC 317

SafeWork NSW v Bay Trusses & Frames Pty Ltd [2020] NSWDC 317

The defendant's offence was in the mid-range of objective seriousness because it failed to assess and manage obvious and foreseeable risks associated with loading trucks by forklift at the 19 Balook Drive worksite, including uneven and sloping ground, lack of exclusion and safety zones, inadequate procedures and training, and allowing access to the trailer during loading. Reasonably practicable controls were available, inexpensive or straightforward. Significant injury resulted, and the prior conviction involving a fall from a truck was an aggravating factor requiring specific deterrence. Although the defendant was entitled to a 25% discount for its early guilty plea and received credit...

Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Criminal Prosecution for an Offence Contrary to Section 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty
Outcome
The defendant was convicted and fined $300,000.00 after a 25% discount for the guilty plea, with 50% of the fine payable to the prosecutor and agreed prosecution costs of $27,500.00 payable by the defendant.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'failure to Comply With Health and Safety Duty' 'risk of Death or Serious Injury' 'forklift Loading Operations' 'fall From Height' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'failure to Comply With Health and Safety Duty' 'risk of Death or Serious Injury' 'forklift Loading Operations' 'fall From Height' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for an Offence Contrary to Section 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What penalty should be imposed on the defendant for failing to comply with its duty under section 19(1) of the Work Health and Safety Act 2011 (NSW), contrary to section 32 of that Act.' 'The objective seriousness of the offence, including foreseeability of risk, gravity of potential harm and availability of reasonably practicable measures.' "The effect of the defendant's early guilty plea, remorse, cooperation, post-incident remedial measures and charitable works." "The significance of the defendant's prior conviction involving a fall from one of its trucks." "Whether the defendant's capacity to pay justified reducing the fine."]

Ratio Decidendi

The defendant's offence was in the mid-range of objective seriousness because it failed to assess and manage obvious and foreseeable risks associated with loading trucks by forklift at the 19 Balook Drive worksite, including uneven and sloping ground, lack of exclusion and safety zones, inadequate procedures and training, and allowing access to the trailer during loading. Reasonably practicable controls were available, inexpensive or straightforward. Significant injury resulted, and the prior conviction involving a fall from a truck was an aggravating factor requiring specific deterrence. Although the defendant was entitled to a 25% discount for its early guilty plea and received credit...

Court Disposition

The defendant was convicted and fined $300,000.00 after a 25% discount for the guilty plea, with 50% of the fine payable to the prosecutor and agreed prosecution costs of $27,500.00 payable by the defendant.

Orders

  • ['The defendant is convicted.' 'The appropriate fine for the defendant would be $400,000.00 and that will be reduced by 25% to reflect a plea of guilty.' 'I accordingly order the defendant to pay a fine of $300,000.00.' '50% of the fine imposed is to be paid to the prosecutor.' "The defendant is to pay the...