SafeWork NSW v Concrite Pty Ltd [2021] NSWDC 191

SafeWork NSW v Concrite Pty Ltd [2021] NSWDC 191

The defendant was convicted and fined because it failed to comply with its s 19(1) duty by inadequately managing a known, obvious and highly foreseeable risk of collision between pedestrians and heavy vehicles at a high-traffic concrete production site. The foreseeable harm was fatal or very serious, available controls such as effective traffic management plans, marked and protected pedestrian routes, signage and induction were feasible and not burdensome, and the failure exposed workers to the risk that materialised in Mr Lees' death. Balancing objective seriousness, the need for general deterrence, minimal need for specific deterrence due to extensive remedial action, remorse and an...

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Criminal Prosecution for Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence Following Plea of Guilty
Outcome
Defendant convicted and ordered to pay a fine of $450,000.00 after a 25% reduction for the early guilty plea, with 50% of the fine payable to the prosecutor and agreed prosecutor's costs payable by the defendant.
Legal Topics
['duty of Persons Conducting Business or Undertaking' 'risk of Death or Serious Injury' 'traffic Management at Workplace' 'objective Seriousness' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors' 'costs']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Persons Conducting Business or Undertaking' 'risk of Death or Serious Injury' 'traffic Management at Workplace' 'objective Seriousness' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'mitigating Factors' 'aggravating Factors' 'costs']

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Procedural Posture

Criminal Prosecution for Offence Under S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What penalty should be imposed on the defendant for failing to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), thereby exposing workers to a risk of death or serious injury under s 32 of the Act.' "How objectively serious the offence was, including foreseeability of the risk, gravity of potential harm, availability and burden of control measures, and deficiencies in the defendant's traffic management system." 'What weight should be given to general deterrence, specific deterrence, remorse, prior conviction, remedial measures and the early plea of guilty.']

Ratio Decidendi

The defendant was convicted and fined because it failed to comply with its s 19(1) duty by inadequately managing a known, obvious and highly foreseeable risk of collision between pedestrians and heavy vehicles at a high-traffic concrete production site. The foreseeable harm was fatal or very serious, available controls such as effective traffic management plans, marked and protected pedestrian routes, signage and induction were feasible and not burdensome, and the failure exposed workers to the risk that materialised in Mr Lees' death. Balancing objective seriousness, the need for general deterrence, minimal need for specific deterrence due to extensive remedial action, remorse and an...

Court Disposition

Defendant convicted and ordered to pay a fine of $450,000.00 after a 25% reduction for the early guilty plea, with 50% of the fine payable to the prosecutor and agreed prosecutor's costs payable by the defendant.

Orders

  • ['The defendant is convicted.' 'The appropriate fine for the offence is $600,000.00 and that will be reduced by 25% to reflect a plea of guilty.' 'The defendant is to pay a fine of $450,000.00.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the prosecutor.' "The...