SafeWork NSW v Erector Group Pty Limited; SafeWork NSW v Rong Feng Wang [2020] NSWDC 22

SafeWork NSW v Erector Group Pty Limited; SafeWork NSW v Rong Feng Wang [2020] NSWDC 22

The court found that Erector and Mr Wang had a high-end mid-range level of culpability because the risk of serious injury or death from collapse of the adjacent building was foreseen and known, the risk was highly likely given the lack of support, test pits and supervision, the potential consequences were very serious, and simple available steps advised by the engineer and guidance material could have eliminated the risk. Having considered deterrence, mitigating factors, the late guilty pleas attracting a 10% discount, parity with ADN and Mr Yassine, and the absence of any capacity-to-pay issue, the court convicted both offenders and imposed fines of $180,000 on Erector and $36,000 on Mr...

Jurisdiction
Australia
Judgment Date
26 February 2020
Procedural Posture
Criminal Prosecution for Work Health and Safety Offences Contrary to S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence Following Pleas of Guilty
Outcome
Both offenders were convicted and fined after guilty pleas.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'officer Due Diligence Duty' 'excavation Work' 'risk of Death or Serious Injury' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'plea of Guilty' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'officer Due Diligence Duty' 'excavation Work' 'risk of Death or Serious Injury' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'plea of Guilty' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offences Contrary to S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ["What level of objective seriousness and culpability attached to Erector Group Pty Limited's and Rong Feng Wang's failures to comply with work health and safety duties." 'What penalties were appropriate having regard to the risk of death or serious injury, available precautions, deterrence, mitigating factors and guilty pleas.' 'Whether parity with the penalties imposed on ADN and Mr Yassine affected the sentences.' 'Whether capacity to pay affected the amount of any fine.' "Whether the offenders should pay the prosecutor's costs."]

Ratio Decidendi

The court found that Erector and Mr Wang had a high-end mid-range level of culpability because the risk of serious injury or death from collapse of the adjacent building was foreseen and known, the risk was highly likely given the lack of support, test pits and supervision, the potential consequences were very serious, and simple available steps advised by the engineer and guidance material could have eliminated the risk. Having considered deterrence, mitigating factors, the late guilty pleas attracting a 10% discount, parity with ADN and Mr Yassine, and the absence of any capacity-to-pay issue, the court convicted both offenders and imposed fines of $180,000 on Erector and $36,000 on Mr...

Court Disposition

Both offenders were convicted and fined after guilty pleas.

Orders

  • ['The offender Erector Group Pty Limited is convicted.' 'The appropriate fine for Erector Group Pty Limited is $200,000 but that will be reduced by 10% to reflect the plea of guilty.' 'Order the offender Erector Group Pty Limited to pay a fine of $180,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996...