SafeWork NSW v Calibre Construction Group Pty Ltd [2020] NSWDC 603

SafeWork NSW v Calibre Construction Group Pty Ltd [2020] NSWDC 603

The offender was convicted and fined because, as principal contractor with a health and safety duty, it failed to ensure that an incomplete boundary in-fill wall was adequately braced or otherwise controlled, exposing workers to a risk of death or serious injury and causing serious injury to Mr Maarbini. The offence had objective gravity: the risk was known, the likelihood of collapse was moderate to high, the potential consequences included death or serious injury, and the available precautions were well known, simple and inexpensive. The court allowed a 20% discount for the guilty plea and took account of mitigating factors, but found that general deterrence, the substantial harm caused...

Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence / Sentencing After Plea of Guilty
Outcome
Calibre Construction Group Pty Ltd was convicted and fined $60,000, ordered to pay the prosecutor's agreed costs of $32,000, made subject to a training order and required to enter into a work health and safety undertaking for two years.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'objective Seriousness' 'general and Specific Deterrence' 'aggravating and Mitigating Factors' 'capacity to Pay a Fine' 'training Order' 'work Health and Safety Undertaking Order' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'objective Seriousness' 'general and Specific Deterrence' 'aggravating and Mitigating Factors' 'capacity to Pay a Fine' 'training Order' 'work Health and Safety Undertaking Order' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offence / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for the offender's failure to comply with its health and safety duty contrary to section 32 of the Work Health and Safety Act 2011." 'Whether the offence was objectively serious having regard to the risk posed by the unbraced in-fill wall, the likelihood of collapse, the seriousness of possible harm, and the inexpensive available precautions.' 'Whether aggravating and mitigating factors, including substantial injury, absence of prior convictions, remorse, cooperation and the guilty plea, should affect sentence.' "Whether the offender's capacity to pay justified reduction of the fine." 'Whether training and work health and safety undertaking orders should be made in addition to a fine.']

Ratio Decidendi

The offender was convicted and fined because, as principal contractor with a health and safety duty, it failed to ensure that an incomplete boundary in-fill wall was adequately braced or otherwise controlled, exposing workers to a risk of death or serious injury and causing serious injury to Mr Maarbini. The offence had objective gravity: the risk was known, the likelihood of collapse was moderate to high, the potential consequences included death or serious injury, and the available precautions were well known, simple and inexpensive. The court allowed a 20% discount for the guilty plea and took account of mitigating factors, but found that general deterrence, the substantial harm caused...

Court Disposition

Calibre Construction Group Pty Ltd was convicted and fined $60,000, ordered to pay the prosecutor's agreed costs of $32,000, made subject to a training order and required to enter into a work health and safety undertaking for two years.

Orders

  • ['Calibre Construction Group Pty Ltd is convicted.' 'The offender is fined $60,000.' "The offender is to pay the prosecutor's costs agreed in the sum of $32,000." 'The offender must arrange and pay for 12 of its employees to undertake five courses of training with a SafeWork NSW approved Work, Health and Safety...