SafeWork NSW v Freyssinet Australia Pty Ltd [2018] NSWDC 66

SafeWork NSW v Freyssinet Australia Pty Ltd [2018] NSWDC 66

Given the objective seriousness of the risk, foreseeability of harm, ready availability of measures to address the risk, duty of care, remorse, remedial actions, and appropriate parity in culpability, the defendant is convicted and fined $80,000, with a moiety to the prosecutor. Costs follow the event except costs wasted in respect of the withdrawn allegation relating to the safe work method statement.

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Criminal Prosecution / Sentencing and Orders
Outcome
The defendant is convicted and fined $80,000; costs orders made as per judgment and addendum.
Legal Topics
['work Health and Safety' 'risk of Death or Serious Injury' 'fall From Stairwell Edge' 'sentencing' 'objective Seriousness' 'deterrence' 'mitigating and Aggravating Factors' 'parity' 'costs' 'fines Act' 'penalty' 'safe Work Method Statement']
['criminal Law' 'work Health and Safety'] ['work Health and Safety' 'risk of Death or Serious Injury' 'fall From Stairwell Edge' 'sentencing' 'objective Seriousness' 'deterrence' 'mitigating and Aggravating Factors' 'parity' 'costs' 'fines Act' 'penalty' 'safe Work Method Statement']

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Procedural Posture

Criminal Prosecution / Sentencing and Orders

Legal Issues

  1. 1 ['Appropriate sentence for a Category 2 offence under s 32 of the Work Health and Safety Act 2011' 'Determination of objective seriousness and aggravating factors' 'Mitigating factors including remorse, remedial actions, and no prior convictions' 'Parity between defendant and other prosecuted entity' 'Interpretation of statutory provisions regarding conviction and fine' 'Appropriate costs orders following amendments to the Summons']

Ratio Decidendi

Given the objective seriousness of the risk, foreseeability of harm, ready availability of measures to address the risk, duty of care, remorse, remedial actions, and appropriate parity in culpability, the defendant is convicted and fined $80,000, with a moiety to the prosecutor. Costs follow the event except costs wasted in respect of the withdrawn allegation relating to the safe work method statement.

Court Disposition

The defendant is convicted and fined $80,000; costs orders made as per judgment and addendum.

Orders

  • ['The defendant is convicted.' 'The defendant is fined the sum of $80,000 with a moiety to the prosecutor.' "The prosecutor is to pay the defendant's costs wasted by reason of the inclusion in the Summons and later withdrawal of the allegation relating to safe work method statement." "Otherwise the defendant is to...