SafeWork NSW v Evolve Roofing Pty Ltd [2023] NSWDC 75

SafeWork NSW v Evolve Roofing Pty Ltd [2023] NSWDC 75

Evolve Roofing Pty Ltd was culpable in the mid range for failing to implement and enforce adequate safety precautions for workers on a roof with known skylight fall risks, resulting in catastrophic injury. The risk was foreseeable, the consequences were grave, and the necessary safety measures were straightforward to implement. The penalty was set at $400,000, reduced for the early guilty plea and further reduced for financial capacity, resulting in a $150,000 fine plus costs, in order to satisfy the purposes of general and specific deterrence under the work health and safety legislation.

Jurisdiction
Australia
Judgment Date
31 March 2023
Procedural Posture
Criminal / Sentence
Outcome
Evolve Roofing Pty Ltd convicted and fined, with orders for payment of fine and costs.
Legal Topics
['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'sentencing' 'objective Seriousness' 'mitigation' 'aggravation' 'general Deterrence' 'specific Deterrence' 'capacity to Pay' 'prosecution Costs' 'fall From Height' 'failure to Take Safety Precautions']
['criminal Law' 'work Health and Safety'] ['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'sentencing' 'objective Seriousness' 'mitigation' 'aggravation' 'general Deterrence' 'specific Deterrence' 'capacity to Pay' 'prosecution Costs' 'fall From Height' 'failure to Take Safety Precautions']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Evolve Roofing Pty Ltd failed to comply with its work health and safety duty and thereby exposed workers to a risk of death or serious injury contrary to s 32 of the Work Health and Safety Act 2011 (NSW)' 'What is the appropriate penalty considering objective seriousness, mitigating and aggravating factors, deterrence, and capacity to pay']

Ratio Decidendi

Evolve Roofing Pty Ltd was culpable in the mid range for failing to implement and enforce adequate safety precautions for workers on a roof with known skylight fall risks, resulting in catastrophic injury. The risk was foreseeable, the consequences were grave, and the necessary safety measures were straightforward to implement. The penalty was set at $400,000, reduced for the early guilty plea and further reduced for financial capacity, resulting in a $150,000 fine plus costs, in order to satisfy the purposes of general and specific deterrence under the work health and safety legislation.

Court Disposition

Evolve Roofing Pty Ltd convicted and fined, with orders for payment of fine and costs.

Orders

  • ['Evolve Roofing Pty Ltd is convicted.' 'Impose a fine of $150,000 (after discounts for early plea and capacity to pay).' 'Pursuant to Section 122(2) of the Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.' "Evolve Roofing Pty Ltd to pay the prosecutor's costs."]