SafeWork NSW v Freedom Foods P/L [2016] NSWDC 153

SafeWork NSW v Freedom Foods P/L [2016] NSWDC 153

Freedom Foods Pty Ltd failed to comply with its health and safety duty by not ensuring effective training, procedures, and machine interlocks, exposing an employee to a foreseeable risk of serious injury. Despite existing measures, the failure to train the employee and ensure supervisor presence constituted a breach. The offence was in the low range of objective seriousness, with significant mitigating factors including early plea, remorse, remedial action, and prior good character. A conviction and reduced fine were imposed accordingly.

Parties
Prosecutor: SafeWork NSW; Offender: Freedom Foods Pty Ltd
Jurisdiction
Australia
Judgment Date
01 August 2016
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Conviction and fine imposed with discounted penalty for early plea
Legal Topics
Duty of Employers, Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Workplace Injury, Mitigating Factors, Aggravating Factors, Sentencing Principles, Remorse, Contrition, Prosecution Costs
Criminal Law Work Health and Safety Duty of Employers Duty of Persons Undertaking Business Risk of Death or Serious Injury Workplace Injury Mitigating Factors Aggravating Factors +4 more

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Parties

SafeWork NSW

Prosecutor

Freedom Foods Pty Ltd

Offender

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 Whether Freedom Foods Pty Ltd breached its health and safety duty under the Work Health and Safety Act 2011 by exposing an employee to risk of death or serious injury

Ratio Decidendi

Freedom Foods Pty Ltd failed to comply with its health and safety duty by not ensuring effective training, procedures, and machine interlocks, exposing an employee to a foreseeable risk of serious injury. Despite existing measures, the failure to train the employee and ensure supervisor presence constituted a breach. The offence was in the low range of objective seriousness, with significant mitigating factors including early plea, remorse, remedial action, and prior good character. A conviction and reduced fine were imposed accordingly.

Court Disposition

Conviction and fine imposed with discounted penalty for early plea

Orders

  • The offender is convicted.
  • A fine of $100,000 is discounted by 25% for early plea, resulting in a fine of $75,000 imposed.