SafeWork NSW v Buildmark Developments Pty Ltd [2024] NSWDC 439

SafeWork NSW v Buildmark Developments Pty Ltd [2024] NSWDC 439

Buildmark Developments Pty Ltd and Mark Khoury failed to comply with health and safety obligations under the Work Health and Safety Act 2011 (NSW), exposing persons to a risk of death or serious injury, and the penalty imposed reflects both the seriousness of the offence and the mitigating factors, including guilty pleas and steps taken towards rehabilitation.

Parties
Prosecutor: SafeWork NSW; Defendant: Buildmark Developments Pty Ltd; Defendant: Mark Khoury
Jurisdiction
Australia
Judgment Date
20 September 2024
Procedural Posture
Criminal / Sentence
Outcome
Buildmark Developments Pty Ltd and Mark Khoury convicted and sentenced.
Legal Topics
Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Objective Seriousness, Deterrence, Aggravating Factors, Mitigating Factors, Capacity to Pay a Fine, Training Order, Work Health and Safety Undertaking, No Record of Previous Convictions, Good Character, Prospects of Rehabilitation, Remorse, Plea of Guilty, Assistance to Law Enforcement Authorities
Criminal Law Work Health and Safety Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Objective Seriousness Deterrence Aggravating Factors +10 more

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

SafeWork NSW

Prosecutor

Buildmark Developments Pty Ltd

Defendant

Mark Khoury

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Buildmark Developments Pty Ltd and Mark Khoury failed to comply with health and safety duties under the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether the offenders exposed persons to a risk of death or serious injury
  3. 3 What sentence ought to be imposed given the seriousness and mitigating factors

Ratio Decidendi

Buildmark Developments Pty Ltd and Mark Khoury failed to comply with health and safety obligations under the Work Health and Safety Act 2011 (NSW), exposing persons to a risk of death or serious injury, and the penalty imposed reflects both the seriousness of the offence and the mitigating factors, including guilty pleas and steps taken towards rehabilitation.

Court Disposition

Buildmark Developments Pty Ltd and Mark Khoury convicted and sentenced.

Orders

  • Buildmark Developments Pty Ltd is convicted.
  • I impose a fine of $12,000.