SafeWork NSW v Bullock MFG Pty Limited [2020] NSWDC 457

SafeWork NSW v Bullock MFG Pty Limited [2020] NSWDC 457

Bullock MFG Pty Limited was convicted because it breached its duty under s 19 of the Work Health and Safety Act 2011 (NSW) by failing to provide adequate guarding, training, supervision, and maintenance for the die press machine, resulting in serious injury to an inexperienced worker. The harm and level of risk were foreseeable and preventable by simple, practicable steps. The sentence reflects objective seriousness, mitigating and aggravating factors, and applies a reduction for an early guilty plea.

Jurisdiction
Australia
Judgment Date
19 August 2020
Procedural Posture
Criminal Prosecution / Sentencing/decision After Guilty Plea
Outcome
Conviction; fine imposed
Legal Topics
['work Health and Safety' 'employer Duty' 'machine Guarding' 'injury Compensation' 'sentencing' 'mitigating and Aggravating Factors' 'general Deterrence' 'specific Deterrence' 'capacity to Pay a Fine']
['criminal Law' 'work Health and Safety Law'] ['work Health and Safety' 'employer Duty' 'machine Guarding' 'injury Compensation' 'sentencing' 'mitigating and Aggravating Factors' 'general Deterrence' 'specific Deterrence' 'capacity to Pay a Fine']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentencing/decision After Guilty Plea

Legal Issues

  1. 1 ['Whether Bullock MFG Pty Limited breached its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW)' 'Appropriate penalty for exposing a worker to risk of death or serious injury in contravention of s 32 of the WHS Act' 'Determination of objective seriousness and level of culpability' 'Consideration of mitigating and aggravating circumstances in sentencing']

Ratio Decidendi

Bullock MFG Pty Limited was convicted because it breached its duty under s 19 of the Work Health and Safety Act 2011 (NSW) by failing to provide adequate guarding, training, supervision, and maintenance for the die press machine, resulting in serious injury to an inexperienced worker. The harm and level of risk were foreseeable and preventable by simple, practicable steps. The sentence reflects objective seriousness, mitigating and aggravating factors, and applies a reduction for an early guilty plea.

Court Disposition

Conviction; fine imposed

Orders

  • ['Bullock MFG Pty Limited is convicted.' 'The Victim Impact Statement of Mr Daniel William is taken into account.' 'A fine of $220,000 is fixed, reduced by 25% for the plea of guilty.' 'Order that Bullock MFG Pty Limited pay a fine of $165,000.' 'Order that 50% of the fine is to be paid to the prosecutor pursuant to...