SafeWork NSW v L&N Properties Pty Limited [2023] NSWDC 512

SafeWork NSW v L&N Properties Pty Limited [2023] NSWDC 512

L&N Properties Pty Ltd, as principal contractor, failed to ensure health and safety obligations for workers and others, exposing them to serious risk in breach of ss 19(1) and 19(2) of the Work Health and Safety Act 2011. Appropriate fines are determined considering seriousness, deterrence, aggravating and mitigating factors, capacity to pay, and totality, resulting in reduced fines reflective of total criminality and limited financial capacity.

Parties
Prosecutor: SafeWork NSW; Offender: L&N Properties Pty Limited
Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fines imposed
Legal Topics
Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Injury to Worker, Sentencing, Deterrence, Aggravating Factors, Mitigating Factors, Capacity to Pay a Fine, Appropriate Penalty, No Record of Previous Convictions, Prospects of Rehabilitation, Remorse, Plea of Guilty
Criminal Law Work Health and Safety Law Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Injury to Worker Sentencing Deterrence +8 more

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Parties

SafeWork NSW

Prosecutor

L&N Properties Pty Limited

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether L&N Properties Pty Ltd failed to comply with health and safety duties under the Work Health and Safety Act 2011, exposing workers and others to risk of death or serious injury
  2. 2 Assessment of the appropriate penalty for the offences

Ratio Decidendi

L&N Properties Pty Ltd, as principal contractor, failed to ensure health and safety obligations for workers and others, exposing them to serious risk in breach of ss 19(1) and 19(2) of the Work Health and Safety Act 2011. Appropriate fines are determined considering seriousness, deterrence, aggravating and mitigating factors, capacity to pay, and totality, resulting in reduced fines reflective of total criminality and limited financial capacity.

Court Disposition

Conviction and fines imposed

Orders

  • L&N Properties Pty Ltd is convicted.
  • Fines of $50,000 for each offence, total $100,000.