SafeWork NSW v Wang; SafeWork NSW v Effective Building and Construction Pty Ltd; SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 260

SafeWork NSW v Wang; SafeWork NSW v Effective Building and Construction Pty Ltd; SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 260

The defendants breached their respective health and safety duties, exposing Mr Tran to risk of death or serious injury, resulting in substantial harm. Sentences reflect objective seriousness, remorse and mitigating factors, with reductions for guilty pleas and limited financial capacity where proved.

Parties
Prosecutor: SafeWork NSW; Defendant: Jianen Wang; Defendant: Effective Building and Construction Pty Ltd; Defendant: NSW Bricklaying Pty Ltd
Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Criminal / Sentencing
Outcome
Convictions; fines imposed; costs ordered
Legal Topics
Work Health and Safety, Duty of Persons Undertaking Business, Duty of Employers, Risk of Death or Serious Injury, Sentencing, Deterrence, Aggravating Factors, Mitigating Factors, Prosecution Costs
Crime Work Health and Safety Duty of Persons Undertaking Business Duty of Employers Risk of Death or Serious Injury Sentencing Deterrence Aggravating Factors +2 more

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Parties

SafeWork NSW

Prosecutor

Jianen Wang

Defendant

Effective Building and Construction Pty Ltd

Defendant

NSW Bricklaying Pty Ltd

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the defendants breached their health and safety duties under the Work Health and Safety Act 2011 resulting in a risk of death or serious injury to Mr Tran
  2. 2 Appropriate penalty in light of the objective seriousness, aggravating, and mitigating factors

Ratio Decidendi

The defendants breached their respective health and safety duties, exposing Mr Tran to risk of death or serious injury, resulting in substantial harm. Sentences reflect objective seriousness, remorse and mitigating factors, with reductions for guilty pleas and limited financial capacity where proved.

Court Disposition

Convictions; fines imposed; costs ordered

Orders

  • Jianen Wang is convicted and fined $60,000; to pay prosecutor's costs as agreed or assessed, 50% of fine to be paid to the prosecutor.
  • Effective Building and Construction Pty Ltd is convicted and fined $60,000; to pay prosecutor's costs as agreed or assessed, 50% of fine to be paid to the prosecutor.