Safework NSW v Emu Group Pty Limited [2019] NSWDC 537

Safework NSW v Emu Group Pty Limited [2019] NSWDC 537

Emu Group Pty Limited, as principal contractor, failed to take reasonably practicable safety measures (such as installing covers or guard rails over open stair voids) resulting in exposure of a worker to risk of death or serious injury, in breach of its non-transferable statutory duty under the Work Health and Safety Act 2011 (NSW). The failure was objectively mid-range in seriousness due to easily foreseeable and addressable risk, and substantial harm resulted. A guilty plea warranted a sentencing discount.

Jurisdiction
Australia
Judgment Date
04 October 2019
Procedural Posture
Criminal Prosecution / Sentence
Outcome
Conviction; fine; costs order
Legal Topics
['health and Safety Duties' 'risk of Death or Serious Injury' 'falls From Height' 'sentencing' 'general and Specific Deterrence' 'prosecution Costs']
['criminal Law' 'work Health and Safety'] ['health and Safety Duties' 'risk of Death or Serious Injury' 'falls From Height' 'sentencing' 'general and Specific Deterrence' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentence

Legal Issues

  1. 1 ['Whether Emu Group Pty Limited breached its health and safety duty under the Work Health and Safety Act 2011 (NSW) resulting in risk of death or serious injury' 'Assessment of objective seriousness of the offence and culpability of the defendant' 'Appropriate penalty to impose including considerations of aggravating and mitigating factors']

Ratio Decidendi

Emu Group Pty Limited, as principal contractor, failed to take reasonably practicable safety measures (such as installing covers or guard rails over open stair voids) resulting in exposure of a worker to risk of death or serious injury, in breach of its non-transferable statutory duty under the Work Health and Safety Act 2011 (NSW). The failure was objectively mid-range in seriousness due to easily foreseeable and addressable risk, and substantial harm resulted. A guilty plea warranted a sentencing discount.

Court Disposition

Conviction; fine; costs order

Orders

  • ['Emu Group Pty Limited was convicted.' 'Emu Group Pty Limited is to pay a fine of $180,000 (after 25% discount for guilty plea).' 'Pursuant to Section 122(2) of the Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.' "Emu Group Pty Limited is to pay prosecutor's costs agreed in the amount of...