SafeWork NSW v Kayrouz Constructions Pty Limited [2020] NSWDC 77

SafeWork NSW v Kayrouz Constructions Pty Limited [2020] NSWDC 77

A plea of guilty to the offence does not preclude the defendant from contesting some particulars of how the duty was breached where allegations are pleaded in the alternative; evidence may be admitted to resolve contested facts for sentencing.

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Criminal / Pre Sentencing Procedural Ruling
Outcome
Procedural orders granting the defendant permission to rely on affidavit evidence, directing parties to file a Joint Schedule of Agreed and Contested Facts, and listing for further directions.
Legal Topics
['health and Safety Duty' 'plea of Guilty' 'elements of Offence' 'disputed Facts' 'sentencing Procedure']
['criminal Law' 'work Health and Safety'] ['health and Safety Duty' 'plea of Guilty' 'elements of Offence' 'disputed Facts' 'sentencing Procedure']

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Procedural Posture

Criminal / Pre Sentencing Procedural Ruling

Legal Issues

  1. 1 ['Whether a plea of guilty admits all particulars of reasonably practicable measures pleaded in the Summons' 'Whether the defendant may contest some factual particulars after a plea of guilty' 'Effect of alternative particulars pleaded by the prosecution']

Ratio Decidendi

A plea of guilty to the offence does not preclude the defendant from contesting some particulars of how the duty was breached where allegations are pleaded in the alternative; evidence may be admitted to resolve contested facts for sentencing.

Court Disposition

Procedural orders granting the defendant permission to rely on affidavit evidence, directing parties to file a Joint Schedule of Agreed and Contested Facts, and listing for further directions.

Orders

  • ['Permit the defendant to rely upon the affidavit evidence already filed, subject to any specific objections to such evidence.' 'Direct the prosecutor and the defendant to file a Joint Schedule of Agreed and Contested Facts by 4 May 2020.' 'List the matter for directions before the judge at 9.30am on 11 May 2020...