WorkCover Authority of NSW v Karimbla Construction Services Pty Ltd [2014] NSWDC 287

WorkCover Authority of NSW v Karimbla Construction Services Pty Ltd [2014] NSWDC 287

Karimbla was convicted and fined because it pleaded guilty to failing to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 contrary to s 32, where a worker fell 3.2 metres after scaffolding was not placed to arrest a fall. Although Karimbla had adequate safety systems and the failure was not systemic, the risk was foreseeable, the potential consequences included death, and the preventive measures were simple, known and available, so a substantial fine was required for general deterrence, reduced for the guilty plea and cooperation.

Jurisdiction
Australia
Judgment Date
16 September 2014
Procedural Posture
Criminal Prosecution for Breach of Work Health and Safety Duty / Sentence After Guilty Plea
Outcome
The defendant is convicted and fined $75,000.
Legal Topics
['failure to Comply With Work Health and Safety Duty' 'construction Site Fall From Scaffolding' 'guilty Plea' 'general Deterrence' 'fine and Prosecution Costs']
['work Health and Safety' 'criminal Law' 'sentencing'] ['failure to Comply With Work Health and Safety Duty' 'construction Site Fall From Scaffolding' 'guilty Plea' 'general Deterrence' 'fine and Prosecution Costs']

Case Brief

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Procedural Posture

Criminal Prosecution for Breach of Work Health and Safety Duty / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether Karimbla Construction Services Pty Ltd failed to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 contrary to s 32.' 'What fine should be imposed having regard to the circumstances of the offence, the guilty plea, cooperation, safety systems, culpability, deterrence, prior record and remorse.']

Ratio Decidendi

Karimbla was convicted and fined because it pleaded guilty to failing to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 contrary to s 32, where a worker fell 3.2 metres after scaffolding was not placed to arrest a fall. Although Karimbla had adequate safety systems and the failure was not systemic, the risk was foreseeable, the potential consequences included death, and the preventive measures were simple, known and available, so a substantial fine was required for general deterrence, reduced for the guilty plea and cooperation.

Court Disposition

The defendant is convicted and fined $75,000.

Orders

  • ['The defendant is convicted.' 'The defendant is fined $75,000.' 'The defendant is to pay the prosecution costs agreed in the sum of $10,500.' 'A moiety of the fine is to be paid to the prosecutor.']