SafeWork NSW v G&Z Form Group Pty Ltd [2023] NSWDC 177

SafeWork NSW v G&Z Form Group Pty Ltd [2023] NSWDC 177

The offence was objectively serious because the risk of falling through an unprotected penetration was known, the offender failed to implement simple and inexpensive controls for the Skydeck system, the likelihood of risk materialising was moderate if proper steps were not taken, the risk included death, and Mr Arnaout suffered serious injuries. Taking into account deterrence, substantial harm, no prior convictions, good prospects of rehabilitation, remorse, cooperation, the 25% guilty plea discount, and reduced capacity to pay, the appropriate sentence was conviction and a fine of $100,000 with costs and 50% of the fine payable to the prosecutor.

Jurisdiction
Australia
Judgment Date
01 June 2023
Procedural Posture
Criminal Prosecution for a Work Health and Safety Offence / Sentence After Plea of Guilty
Outcome
G&Z Formwork Pty Ltd is convicted and fined $100,000.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'fall Through Penetration in Formwork Deck' 'objective Seriousness' 'general and Specific Deterrence' 'aggravating and Mitigating Factors' 'capacity to Pay a Fine' 'guilty Plea Discount']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'fall Through Penetration in Formwork Deck' 'objective Seriousness' 'general and Specific Deterrence' 'aggravating and Mitigating Factors' 'capacity to Pay a Fine' 'guilty Plea Discount']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the offender failed to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 and thereby exposed Nader Arnaout to a risk of death or serious injury under s 32 of the Work Health and Safety Act 2011.' 'The objective seriousness of the offence, including the known risk of falling through an inadequately protected penetration and the seriousness of the injuries sustained.' "The appropriate penalty having regard to deterrence, aggravating and mitigating factors, guilty plea, cooperation, remorse, rehabilitation, and the offender's reduced capacity to pay."]

Ratio Decidendi

The offence was objectively serious because the risk of falling through an unprotected penetration was known, the offender failed to implement simple and inexpensive controls for the Skydeck system, the likelihood of risk materialising was moderate if proper steps were not taken, the risk included death, and Mr Arnaout suffered serious injuries. Taking into account deterrence, substantial harm, no prior convictions, good prospects of rehabilitation, remorse, cooperation, the 25% guilty plea discount, and reduced capacity to pay, the appropriate sentence was conviction and a fine of $100,000 with costs and 50% of the fine payable to the prosecutor.

Court Disposition

G&Z Formwork Pty Ltd is convicted and fined $100,000.

Orders

  • ['G&Z Formwork Pty Ltd is convicted.' 'I impose a fine of $100,000.' "The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed." 'I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.']