Safework NSW v HCM Building Pty Limited [2019] NSWDC 632

Safework NSW v HCM Building Pty Limited [2019] NSWDC 632

HCM Building Pty Limited, as principal contractor, had a non-delegable duty to ensure safety at the worksite under s 19 of the Work Health and Safety Act 2011 (NSW). The offender failed to take reasonably practicable steps to prevent foreseeable risks, including lack of protective caps on reo bars and edge protection, resulting in serious injury. The culpability was in the mid range due to foreseeable and preventable risks, ease of mitigation, and the manifestation of injury. Mitigating factors included plea of guilty, remorse, cooperation, and improvements post-incident. Aggravating factors included substantial harm caused. An appropriate fine reflecting a 25% discount for guilty plea...

Parties
Prosecutor: SafeWork NSW; Defendant: HCM Building Pty Limited
Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Criminal / Sentence
Outcome
The offender is convicted and fined.
Legal Topics
Prosecution, Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, General Deterrence, Specific Deterrence, Prosecution Costs
Criminal Law Work Health and Safety Prosecution Duty of Persons Undertaking Business Risk of Death or Serious Injury Objective Seriousness Mitigating Factors Aggravating Factors +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

SafeWork NSW

Prosecutor

HCM Building Pty Limited

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether HCM Building Pty Limited breached its work health and safety duty and exposed workers to a risk of death or serious injury
  2. 2 Assessment of the offender's culpability and objective seriousness of the offence
  3. 3 Appropriate penalty considering aggravating and mitigating factors

Ratio Decidendi

HCM Building Pty Limited, as principal contractor, had a non-delegable duty to ensure safety at the worksite under s 19 of the Work Health and Safety Act 2011 (NSW). The offender failed to take reasonably practicable steps to prevent foreseeable risks, including lack of protective caps on reo bars and edge protection, resulting in serious injury. The culpability was in the mid range due to foreseeable and preventable risks, ease of mitigation, and the manifestation of injury. Mitigating factors included plea of guilty, remorse, cooperation, and improvements post-incident. Aggravating factors included substantial harm caused. An appropriate fine reflecting a 25% discount for guilty plea...

Court Disposition

The offender is convicted and fined.

Orders

  • The offender is convicted.
  • The appropriate fine is $180,000 but that will be reduced by 25% to reflect the plea of guilty.