SafeWork NSW v Leda Form Group Pty Ltd [2022] NSWDC 524

SafeWork NSW v Leda Form Group Pty Ltd [2022] NSWDC 524

Leda Form Group Pty Ltd, having a work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), failed to take reasonably practicable measures to eliminate or minimise the risk of a fatal fall through an unguarded penetration, resulting in the death of a worker. The offence was of upper mid-range objective seriousness due to the foreseeability, likelihood, and catastrophic consequence of the risk, the availability of simple preventative measures, absence of justification, and general deterrence considerations. A conviction and fine discounted for an early plea were appropriate.

Parties
Prosecutor: SafeWork NSW; Defendant: Leda Form Group Pty Ltd
Jurisdiction
Australia
Judgment Date
03 November 2022
Procedural Posture
Criminal / Sentence
Outcome
Leda Form Group Pty Ltd convicted; fine imposed; costs order made.
Legal Topics
Work Health and Safety Duties, Risk of Death or Serious Injury, Sentencing, Deterrence, Objective Seriousness, Mitigating Factors, Aggravating Factors, Capacity to Pay, Prosecution Costs
Criminal Law Work Health and Safety Law Work Health and Safety Duties Risk of Death or Serious Injury Sentencing Deterrence Objective Seriousness Mitigating Factors +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

SafeWork NSW

Prosecutor

Leda Form Group Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Leda Form Group Pty Ltd failed to comply with its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) and thereby exposed workers to risk of death or serious injury contrary to s 32 of the Act
  2. 2 Appropriate sentence, fine, and costs for breach resulting in death

Ratio Decidendi

Leda Form Group Pty Ltd, having a work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), failed to take reasonably practicable measures to eliminate or minimise the risk of a fatal fall through an unguarded penetration, resulting in the death of a worker. The offence was of upper mid-range objective seriousness due to the foreseeability, likelihood, and catastrophic consequence of the risk, the availability of simple preventative measures, absence of justification, and general deterrence considerations. A conviction and fine discounted for an early plea were appropriate.

Court Disposition

Leda Form Group Pty Ltd convicted; fine imposed; costs order made.

Orders

  • Leda Form Group Pty Ltd is convicted.
  • The appropriate fine is $600,000 but that will be reduced by 25% to reflect the early plea of guilty.