SafeWork NSW v Can Do Projects Pty Ltd; Safework NSW v Yekta [2020] NSWDC 338

SafeWork NSW v Can Do Projects Pty Ltd; Safework NSW v Yekta [2020] NSWDC 338

Both defendants breached work health and safety duties by performing work without adequate fall protection, exposing a worker to risk of death or serious injury, warranting conviction and fines with discounts for guilty pleas and consideration of mitigating factors.

Jurisdiction
Australia
Judgment Date
01 July 2020
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fines imposed
Legal Topics
['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'sentencing' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'costs']
['work Health and Safety' 'criminal Law'] ['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'sentencing' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'costs']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Did Can Do Projects Pty Ltd fail to comply with its health and safety duty under the Work Health and Safety Act 2011, exposing a worker to risk of death or serious injury?' 'Did Behnam Yekta, as an officer of Can Do Projects Pty Ltd, fail to comply with his health and safety duty, exposing a worker to risk of death or serious injury?' 'What is the appropriate penalty, taking into account objective seriousness, deterrence, aggravating and mitigating factors, and capacity to pay?']

Ratio Decidendi

Both defendants breached work health and safety duties by performing work without adequate fall protection, exposing a worker to risk of death or serious injury, warranting conviction and fines with discounts for guilty pleas and consideration of mitigating factors.

Court Disposition

Conviction and fines imposed

Orders

  • ['Can Do Projects Pty Ltd is convicted and fined $60,000.' 'Behnam Yekta is convicted and fined $15,000.' "Both offenders to pay prosecutor's costs as agreed or assessed." '50% of each fine to be paid to the prosecutor pursuant to section 122(2) of the Fines Act 1996.']