SafeWork NSW v Dominion Global Pty Ltd [2022] NSWDC 199

SafeWork NSW v Dominion Global Pty Ltd [2022] NSWDC 199

Dominion Global Pty Ltd breached its duty under s 19(1) of the WHS Act by failing to identify and mitigate a known risk of falling into a void, exposing workers to foreseeable and serious risk of injury. The plea of guilty and mitigating circumstances, including its exemplary safety record and remedial action, warranted a reduced sentence, but the offence's seriousness required a substantial penalty for deterrence.

Parties
Prosecutor: SafeWork New South Wales; Defendant: Dominion Global Pty Ltd
Jurisdiction
Australia
Judgment Date
07 June 2022
Procedural Posture
Criminal Prosecution / Sentence
Outcome
The defendant is convicted. A fine of $400,000.00 is reduced by 25% for the utilitarian value of the plea. The defendant must pay a fine of $300,000.00. 50% of the fine is to be paid to the prosecutor. The defendant is to pay the prosecutor's costs as agreed in the sum of $31,362.20.
Legal Topics
Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Sentencing, Mitigating Factors, Aggravating Factors, General Deterrence, Specific Deterrence, Objective Seriousness
Criminal Law Work Health and Safety Duty of Persons Undertaking Business Risk of Death or Serious Injury Sentencing Mitigating Factors Aggravating Factors General Deterrence +2 more

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Parties

SafeWork New South Wales

Prosecutor

Dominion Global Pty Ltd

Defendant

Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 Did Dominion Global Pty Ltd breach its obligations under s 32 and s 19(1) of the Work Health and Safety Act 2011 (NSW)?
  2. 2 Was the risk to workers foreseeable and known?
  3. 3 What is the objective seriousness of the offence?

Ratio Decidendi

Dominion Global Pty Ltd breached its duty under s 19(1) of the WHS Act by failing to identify and mitigate a known risk of falling into a void, exposing workers to foreseeable and serious risk of injury. The plea of guilty and mitigating circumstances, including its exemplary safety record and remedial action, warranted a reduced sentence, but the offence's seriousness required a substantial penalty for deterrence.

Court Disposition

The defendant is convicted. A fine of $400,000.00 is reduced by 25% for the utilitarian value of the plea. The defendant must pay a fine of $300,000.00. 50% of the fine is to be paid to the prosecutor. The defendant is to pay the prosecutor's costs as agreed in the sum of $31,362.20.

Orders

  • Defendant convicted.
  • Defendant to pay a fine of $300,000.00.