SafeWork NSW v Edstein Creative Pty Ltd [2024] NSWDC 178

SafeWork NSW v Edstein Creative Pty Ltd [2024] NSWDC 178

The defendant's failure to implement and enforce reasonably practicable controls for installation workers exposed AB to a foreseeable and foreseen risk of serious occupational illness from respirable crystalline silica over a significant period. The risk was serious, available controls were suitable, feasible and not difficult to implement, and AB's silicosis and associated conditions established an aggravating factor. Balancing objective seriousness, deterrence, mitigating factors, post-offence safety reforms, remorse, cooperation and a 25% discount for the guilty plea, the appropriate fine was $500,000 reduced to $375,000.

Jurisdiction
Australia
Judgment Date
17 May 2024
Procedural Posture
Criminal Work Health and Safety Prosecution / Sentence After Plea of Guilty
Outcome
Defendant convicted and fined $375,000 after a 25% discount for the guilty plea; defendant ordered to pay the prosecutor's costs as agreed or assessed.
Legal Topics
['duty of Person Conducting a Business or Undertaking' 'risk of Serious Injury From Respirable Crystalline Silica' 'silicosis' 'objective Seriousness' 'aggravating and Mitigating Factors' 'general and Specific Deterrence' 'guilty Plea Discount' "prosecutor's Costs"]
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Person Conducting a Business or Undertaking' 'risk of Serious Injury From Respirable Crystalline Silica' 'silicosis' 'objective Seriousness' 'aggravating and Mitigating Factors' 'general and Specific Deterrence' 'guilty Plea Discount' "prosecutor's Costs"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Work Health and Safety Prosecution / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for the defendant's failure to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), contrary to s 32 of that Act." 'How objectively serious the offence was having regard to the risk of serious occupational illness from repeated inhalation of airborne respirable crystalline silica.' "What aggravating and mitigating factors, including the manifestation of silicosis in AB, the defendant's prior record, remorse, rehabilitation, cooperation and plea of guilty, should affect sentence." 'Whether general and specific deterrence required substantial weight in fixing the penalty.' "What order should be made as to the prosecutor's costs."]

Ratio Decidendi

The defendant's failure to implement and enforce reasonably practicable controls for installation workers exposed AB to a foreseeable and foreseen risk of serious occupational illness from respirable crystalline silica over a significant period. The risk was serious, available controls were suitable, feasible and not difficult to implement, and AB's silicosis and associated conditions established an aggravating factor. Balancing objective seriousness, deterrence, mitigating factors, post-offence safety reforms, remorse, cooperation and a 25% discount for the guilty plea, the appropriate fine was $500,000 reduced to $375,000.

Court Disposition

Defendant convicted and fined $375,000 after a 25% discount for the guilty plea; defendant ordered to pay the prosecutor's costs as agreed or assessed.

Orders

  • ['The defendant is convicted.' 'The appropriate fine for the offence is $500,000.00 and that will be reduced by 25% to reflect the plea of guilty.' 'The defendant is ordered to pay a fine of $375,000.00.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the prosecutor.'...