SafeWork NSW v E G Knight & Sons Pty Ltd [2019] NSWDC 336

SafeWork NSW v E G Knight & Sons Pty Ltd [2019] NSWDC 336

E G Knight & Sons Pty Ltd breached s 19(1) of the Work Health and Safety Act 2011 by failing to ensure, as far as reasonably practicable, the health and safety of its workers, leading to exposure to risk of serious injury. The risk was foreseeable, basic risk assessment and compliance with guidance materials would have identified and prevented it. The penalty reflects the objective seriousness, relevant deterrence needs, mitigating factors including plea and cooperation, and the defendant’s limited capacity to pay.

Parties
Prosecutor: SafeWork New South Wales; Defendant: E G Knight & Sons Pty Ltd
Jurisdiction
Australia
Judgment Date
19 July 2019
Procedural Posture
Criminal / Sentence
Outcome
convicted
Legal Topics
Duty of Employers, Health and Safety Duty, Risk Management, Workplace Injury, Foreseeability, Deterrence, Capacity to Pay, Objective Seriousness of Offence, Plea of Guilty, Unguarded Farm Machinery
Occupational Health and Safety Criminal Law Duty of Employers Health and Safety Duty Risk Management Workplace Injury Foreseeability Deterrence +4 more

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Parties

SafeWork New South Wales

Prosecutor

E G Knight & Sons Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendant failed to comply with health and safety duty under s 19(1) of the Work Health and Safety Act 2011 resulting in exposure of workers to risk of death or serious injury
  2. 2 Appropriate sentencing for breach of workplace health and safety obligations
  3. 3 Consideration of objective seriousness, deterrence, aggravating and mitigating factors, and the defendant's capacity to pay

Ratio Decidendi

E G Knight & Sons Pty Ltd breached s 19(1) of the Work Health and Safety Act 2011 by failing to ensure, as far as reasonably practicable, the health and safety of its workers, leading to exposure to risk of serious injury. The risk was foreseeable, basic risk assessment and compliance with guidance materials would have identified and prevented it. The penalty reflects the objective seriousness, relevant deterrence needs, mitigating factors including plea and cooperation, and the defendant’s limited capacity to pay.

Court Disposition

convicted

Orders

  • Defendant is convicted.
  • Appropriate fine would be $100,000, reduced by 25% for early guilty plea and further discounted due to limited capacity to pay; fine imposed is $5,000.