SafeWork NSW v Campbelltown Hardware Pty Ltd and Khalid [2021] NSWDC 217

SafeWork NSW v Campbelltown Hardware Pty Ltd and Khalid [2021] NSWDC 217

Both defendants failed to comply with their respective health and safety duties under the Work Health and Safety Act 2011 by not implementing adequate documented systems, risk assessments, exclusion zones, and induction procedures, exposing Brian Piper to fatal risk. Campbelltown was convicted and fined $75,000 (25% discount for guilty plea). Mr Khalid, convicted but owing to his lack of capacity to pay, was not fined but required to enter into a WHS undertaking for two years. Aggravating factors included the actual death resulting from their breach; mitigating factors included lack of prior convictions, remorse, and extensive rehabilitative actions.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Criminal / Sentencing
Outcome
Campbelltown Hardware Pty Ltd and Muhammad Jawad Khalid convicted; Campbelltown fined; Khalid to enter WHS undertaking; costs orders made for Campbelltown only.
Legal Topics
['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'sentencing Principles' 'capacity to Pay' 'whs Undertakings']
['criminal Law' 'work Health and Safety Law'] ['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'sentencing Principles' 'capacity to Pay' 'whs Undertakings']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Failure to comply with health and safety duty resulting in risk of death or serious injury' 'Appropriate penalty for breach of Work Health and Safety Act provisions' 'Consideration of aggravating and mitigating factors in sentencing']

Ratio Decidendi

Both defendants failed to comply with their respective health and safety duties under the Work Health and Safety Act 2011 by not implementing adequate documented systems, risk assessments, exclusion zones, and induction procedures, exposing Brian Piper to fatal risk. Campbelltown was convicted and fined $75,000 (25% discount for guilty plea). Mr Khalid, convicted but owing to his lack of capacity to pay, was not fined but required to enter into a WHS undertaking for two years. Aggravating factors included the actual death resulting from their breach; mitigating factors included lack of prior convictions, remorse, and extensive rehabilitative actions.

Court Disposition

Campbelltown Hardware Pty Ltd and Muhammad Jawad Khalid convicted; Campbelltown fined; Khalid to enter WHS undertaking; costs orders made for Campbelltown only.

Orders

  • ['Campbelltown Hardware Pty Ltd is convicted.' 'Campbelltown Hardware Pty Ltd fined $75,000.' "Campbelltown Hardware Pty Ltd to pay prosecutor's costs, as agreed or assessed." "50% of Campbelltown's fine to be paid to prosecutor pursuant to s 122(2) Fines Act 1996." 'Muhammad Jawad Khalid is convicted.' 'No fine...