SafeWork NSW v Deicorp Pty Ltd [2020] NSWDC 639

SafeWork NSW v Deicorp Pty Ltd [2020] NSWDC 639

Deicorp Pty Ltd failed to implement and enforce adequate safety measures to control the risk of falls through penetrations, causing serious injury to a worker. The offence was objectively serious, risk was obvious, steps to eliminate risk were simple and not costly, and substantial harm occurred. Although Deicorp Pty Ltd pleaded guilty, demonstrated remorse, and improved safety measures, a significant penalty was required for general deterrence and to reflect the gravity of the offence.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Criminal / Sentencing
Outcome
Deicorp Pty Ltd is convicted and fined.
Legal Topics
['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'sentencing' 'deterrence' 'aggravating Factors' 'mitigating Factors']
['criminal Law' 'work Health and Safety Law'] ['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'sentencing' 'deterrence' 'aggravating Factors' 'mitigating Factors']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Did Deicorp Pty Ltd fail to comply with its health and safety duty under section 19(1) of the Work Health and Safety Act 2011, thereby exposing a worker to risk of death or serious injury contrary to section 32 of the Act?' 'What is the appropriate penalty, taking into account objective seriousness, deterrence, aggravating and mitigating factors, plea of guilty, and remorse?']

Ratio Decidendi

Deicorp Pty Ltd failed to implement and enforce adequate safety measures to control the risk of falls through penetrations, causing serious injury to a worker. The offence was objectively serious, risk was obvious, steps to eliminate risk were simple and not costly, and substantial harm occurred. Although Deicorp Pty Ltd pleaded guilty, demonstrated remorse, and improved safety measures, a significant penalty was required for general deterrence and to reflect the gravity of the offence.

Court Disposition

Deicorp Pty Ltd is convicted and fined.

Orders

  • ['Deicorp Pty Ltd is convicted.' 'I impose a fine of $170,000.' "The offender is to pay the prosecutor's costs agreed in the sum of $55,000." 'I order that pursuant to section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.']