SafeWork NSW v BSA Limited (No. 3) [2023] NSWDC 417

SafeWork NSW v BSA Limited (No. 3) [2023] NSWDC 417

BSA Limited breached its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), which was a substantial and significant cause of the death of Mr Hooper; its level of culpability is in the mid range, and a fine should be imposed reflecting both objective seriousness and general deterrence, reduced by 10% due to the limited guilty plea.

Parties
Prosecutor: SafeWork NSW; Defendant: BSA Limited
Jurisdiction
Australia
Judgment Date
16 October 2023
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
conviction and sentence imposed
Legal Topics
Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Objective Seriousness, Mitigating Factors, Aggravating Factors, Specific and General Deterrence, Capacity to Pay Penalty, Victim Impact Statements
Criminal Law Work Health and Safety Duty of Persons Undertaking Business Risk of Death or Serious Injury Objective Seriousness Mitigating Factors Aggravating Factors Specific and General Deterrence +2 more

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Parties

SafeWork NSW

Prosecutor

BSA Limited

Defendant

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 Whether BSA Limited failed to comply with its work health and safety duty and exposed Mr Hooper to risk of death or serious injury
  2. 2 Whether BSA Limited's breach was a substantial or significant cause of the death of Jayden Hooper
  3. 3 Objective seriousness of the offence

Ratio Decidendi

BSA Limited breached its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), which was a substantial and significant cause of the death of Mr Hooper; its level of culpability is in the mid range, and a fine should be imposed reflecting both objective seriousness and general deterrence, reduced by 10% due to the limited guilty plea.

Court Disposition

conviction and sentence imposed

Orders

  • BSA Limited was convicted on 29 September 2023.
  • Order BSA Limited to pay a fine of $540,000, reduced from $600,000 by 10% for early guilty plea.