SafeWork NSW v ll Pastaio Pty Ltd [2020] NSWDC 677

SafeWork NSW v ll Pastaio Pty Ltd [2020] NSWDC 677

Il Pastaio's culpability was in the mid range because the risk of serious injury from operating the Mixer with its lid open and safety interlock bypassed was obvious, foreseeable and known or ought to have been known; senior factory personnel knew the machine was being operated without the safety mechanism; Il Pastaio failed to conduct a risk assessment, consult manuals, prohibit use of the unguarded Mixer, adequately inspect or isolate faulty machinery, or ensure moving parts were inaccessible. The steps needed to eliminate or minimise the risk were known, readily available and promptly taken after the incident. Balancing the seriousness of the offence, the substantial injury caused,...

Jurisdiction
Australia
Judgment Date
09 November 2020
Procedural Posture
Criminal Prosecution for an Offence Contrary to S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty
Outcome
Il Pastaio Pty Limited was convicted and fined $135,000 after a 25% reduction for the guilty plea; 50% of the fine was ordered to be paid to the prosecutor and the defendant was ordered to pay the prosecutor's costs.
Legal Topics
['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'prosecution Costs' 'machinery Guarding and Safety Interlocks']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'prosecution Costs' 'machinery Guarding and Safety Interlocks']

Case Brief

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Procedural Posture

Criminal Prosecution for an Offence Contrary to S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether Il Pastaio Pty Limited failed to comply with its work health and safety duty and exposed a worker to a risk of death or serious injury' 'The objective seriousness and culpability of the offence' 'The relevance of aggravating and mitigating sentencing factors' 'The need for general and specific deterrence' "The defendant's capacity to pay a fine" "Whether the defendant should pay the prosecutor's costs"]

Ratio Decidendi

Il Pastaio's culpability was in the mid range because the risk of serious injury from operating the Mixer with its lid open and safety interlock bypassed was obvious, foreseeable and known or ought to have been known; senior factory personnel knew the machine was being operated without the safety mechanism; Il Pastaio failed to conduct a risk assessment, consult manuals, prohibit use of the unguarded Mixer, adequately inspect or isolate faulty machinery, or ensure moving parts were inaccessible. The steps needed to eliminate or minimise the risk were known, readily available and promptly taken after the incident. Balancing the seriousness of the offence, the substantial injury caused,...

Court Disposition

Il Pastaio Pty Limited was convicted and fined $135,000 after a 25% reduction for the guilty plea; 50% of the fine was ordered to be paid to the prosecutor and the defendant was ordered to pay the prosecutor's costs.

Orders

  • ['Il Pastaio Pty Limited is convicted.' 'The appropriate fine is $180,000 but that will be reduced by 25% to reflect the plea of guilty.' 'Order Il Pastaio Pty Limited to pay a fine of $135,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.'...