SafeWork NSW v Bustin’ Free Earthworks Pty Ltd [2017] NSWDC 9
The defendant breached its duty under s 19(1) of the Work Health and Safety Act 2011 by failing to adequately secure trench stability and implement necessary safety measures, resulting in a foreseeable risk of serious injury during high-risk construction work. The breach is at the lower end of mid-range seriousness but warrants conviction and penalty for deterrence.
- Parties
- Prosecutor: SafeWork NSW; Defendant: Bustin' Free Earthworks Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 02 February 2017
- Procedural Posture
- Criminal / Sentence
- Outcome
- Conviction and fine imposed.
- Legal Topics
- High Risk Construction Work, Entrapment, Workplace Safety, Foreseeability, Deterrence, Guilty Plea Discount
Case Brief
Summary, issues, holding and outcome
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Parties
SafeWork NSW
Prosecutor
Bustin' Free Earthworks Pty Ltd
Defendant
Procedural Posture
Criminal / Sentence
Legal Issues
- 1 Whether the defendant breached a duty imposed by the Work Health and Safety Act 2011 resulting in risk of serious injury or death by trench collapse
Ratio Decidendi
The defendant breached its duty under s 19(1) of the Work Health and Safety Act 2011 by failing to adequately secure trench stability and implement necessary safety measures, resulting in a foreseeable risk of serious injury during high-risk construction work. The breach is at the lower end of mid-range seriousness but warrants conviction and penalty for deterrence.
Court Disposition
Conviction and fine imposed.
Orders
- The defendant is convicted and fined the sum of $90,000 with a moiety to the Prosecutor.
- The defendant is to pay the Prosecutor's costs in an agreed sum of $15,000.
Full Case Text
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