SafeWork NSW v Karl O’Sullivan [2024] NSWDC 142

SafeWork NSW v Karl O’Sullivan [2024] NSWDC 142

The defendant's breach of his work health and safety duty was of mid-range culpability because the risk of an unattended forklift rolling and crushing a person was obvious, known and foreseeable to an experienced forklift driver, the possible consequences were death or serious injury, the steps required to eliminate or minimise the risk were simple and imposed no practical burden, and the breach caused Mr Singh's death. However, the fine was moderated by the defendant's early guilty plea, remorse, good character, lack of prior convictions, cooperation, good prospects of rehabilitation, financial circumstances, psychological impact, and the totality principle because he had already...

Jurisdiction
Australia
Judgment Date
01 May 2024
Procedural Posture
Criminal Prosecution for an Offence Under the Work Health and Safety Act 2011 (nsw) / Sentence After Guilty Plea and Conviction
Outcome
Defendant convicted and fined $7,500 after a 25% discount for early guilty plea; 50% of the fine ordered to be paid to the prosecutor; defendant ordered to pay prosecutor's costs.
Legal Topics
['work Health and Safety Duty of Worker' 'risk of Death or Serious Injury' 'forklift Safety' 'objective Seriousness' 'aggravating and Mitigating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'victim Impact Statement' 'totality' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['work Health and Safety Duty of Worker' 'risk of Death or Serious Injury' 'forklift Safety' 'objective Seriousness' 'aggravating and Mitigating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'victim Impact Statement' 'totality' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Prosecution for an Offence Under the Work Health and Safety Act 2011 (nsw) / Sentence After Guilty Plea and Conviction

Legal Issues

  1. 1 ["What fine should be imposed for the defendant's failure to comply with a work health and safety duty under s 28(b) of the Work Health and Safety Act 2011 (NSW), contrary to s 32 of that Act." 'How the objective seriousness and culpability of the offence should be assessed where an unattended forklift rolled down a slope and caused a fatality.' "What weight should be given to the defendant's early guilty plea, remorse, good character, lack of prior convictions, cooperation, prospects of rehabilitation, financial circumstances and psychological condition." 'How the principle of totality should be applied given the defendant had already been sentenced to a two-year Intensive Corrections Order for dangerous driving occasioning death arising from the same event.' 'Whether and how the family victim impact statement should be taken into account in determining punishment.' "Whether the defendant should pay the prosecutor's costs."]

Ratio Decidendi

The defendant's breach of his work health and safety duty was of mid-range culpability because the risk of an unattended forklift rolling and crushing a person was obvious, known and foreseeable to an experienced forklift driver, the possible consequences were death or serious injury, the steps required to eliminate or minimise the risk were simple and imposed no practical burden, and the breach caused Mr Singh's death. However, the fine was moderated by the defendant's early guilty plea, remorse, good character, lack of prior convictions, cooperation, good prospects of rehabilitation, financial circumstances, psychological impact, and the totality principle because he had already...

Court Disposition

Defendant convicted and fined $7,500 after a 25% discount for early guilty plea; 50% of the fine ordered to be paid to the prosecutor; defendant ordered to pay prosecutor's costs.

Orders

  • ["Karl O'Sullivan was convicted on 17 April 2024." 'The appropriate fine is $10,000 but that will be reduced by 25% to reflect the early plea of guilty.' "Order Karl O'Sullivan to pay a fine of $7,500." 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the...