SafeWork NSW v Christopher Turner [2020] NSWDC 180

SafeWork NSW v Christopher Turner [2020] NSWDC 180

Mr Turner, as a person with a work health and safety duty under s 28(b) of the Work Health and Safety Act 2011 (NSW), breached that duty by failing to adequately test for gas cross-connection and purity and failing to have the testing witnessed by a qualified hospital staff member, thereby exposing others to a foreseeable and catastrophic risk of death or serious injury. His offence was of high objective seriousness due to the magnitude of harm and the straightforward measures that could have prevented it. Mitigating factors, including his plea of guilty and assistance, warranted a discount to the penalty, but the seriousness of the offence required a substantial fine and an order for costs.

Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Criminal / Sentencing
Outcome
The offender was convicted and fined $100,000 with 50% of the fine payable to the prosecutor. The offender was ordered to pay agreed or assessed costs to the prosecutor.
Legal Topics
['work Health and Safety' 'duty of Care' 'risk of Death or Serious Injury' 'sentencing' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'prosecution Costs' 'installation and Testing of Medical Gas Systems']
['criminal Law' 'work Health and Safety Law'] ['work Health and Safety' 'duty of Care' 'risk of Death or Serious Injury' 'sentencing' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'prosecution Costs' 'installation and Testing of Medical Gas Systems']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Whether the offender failed to comply with his work health and safety duty under s 28(b) of the Work Health and Safety Act 2011 (NSW) resulting in exposure of others to risk of death or serious injury' 'Assessment of objective seriousness of the offence' 'Appropriate sentence and penalty considering aggravating and mitigating circumstances']

Ratio Decidendi

Mr Turner, as a person with a work health and safety duty under s 28(b) of the Work Health and Safety Act 2011 (NSW), breached that duty by failing to adequately test for gas cross-connection and purity and failing to have the testing witnessed by a qualified hospital staff member, thereby exposing others to a foreseeable and catastrophic risk of death or serious injury. His offence was of high objective seriousness due to the magnitude of harm and the straightforward measures that could have prevented it. Mitigating factors, including his plea of guilty and assistance, warranted a discount to the penalty, but the seriousness of the offence required a substantial fine and an order for costs.

Court Disposition

The offender was convicted and fined $100,000 with 50% of the fine payable to the prosecutor. The offender was ordered to pay agreed or assessed costs to the prosecutor.

Orders

  • ['The offender Christopher Turner is convicted.' 'The appropriate fine is $125,000 but reduced by 20% (15% for plea of guilty and 5% for willingness to assist).' 'Order the offender Christopher Turner to pay a fine of $100,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be...