Safework NSW v Landmark Roofing Pty Ltd (No. 2) [2020] NSWDC 420

Safework NSW v Landmark Roofing Pty Ltd (No. 2) [2020] NSWDC 420

Landmark Roofing Pty Ltd had a work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW) and failed to comply, exposing a worker to risk of death or serious injury and resulting in fatal harm; the risk was foreseeable, the steps to avoid it were simple, and the consequences were grave. The appropriate penalty, considering objective seriousness, deterrence, aggravating and mitigating factors, capacity to pay, and the impact on the victim's family, is a conviction, a substantial fine, and costs orders.

Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Prosecution (criminal) / Sentence
Outcome
Landmark Roofing Pty Ltd convicted. Fine and costs imposed.
Legal Topics
['work Health and Safety Duty' 'sentence' 'deterrence' 'capacity to Pay a Fine' 'aggravating Factors' 'mitigating Factors' 'victim Impact Statements' 'costs']
['criminal Law' 'work Health and Safety Law'] ['work Health and Safety Duty' 'sentence' 'deterrence' 'capacity to Pay a Fine' 'aggravating Factors' 'mitigating Factors' 'victim Impact Statements' 'costs']

Case Brief

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Procedural Posture

Prosecution (criminal) / Sentence

Legal Issues

  1. 1 ['Appropriate penalty for breach of work health and safety duty resulting in fatality' 'Assessment of objective seriousness and culpability' 'Consideration of general and specific deterrence' 'Capacity of defendant to pay fine' 'Aggravating and mitigating factors' 'Relevance and impact of victim impact statements']

Ratio Decidendi

Landmark Roofing Pty Ltd had a work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW) and failed to comply, exposing a worker to risk of death or serious injury and resulting in fatal harm; the risk was foreseeable, the steps to avoid it were simple, and the consequences were grave. The appropriate penalty, considering objective seriousness, deterrence, aggravating and mitigating factors, capacity to pay, and the impact on the victim's family, is a conviction, a substantial fine, and costs orders.

Court Disposition

Landmark Roofing Pty Ltd convicted. Fine and costs imposed.

Orders

  • ['Landmark Roofing Pty Ltd is convicted.' 'The Victim Impact Statements of Ms Maryann Bradley-Asser and Mr Dale Asser are taken into account.' 'Landmark Roofing Pty Ltd to pay a fine of $400,000.' 'Pursuant to Section 122(2) of the Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' "Landmark Roofing...