SafeWork NSW v Lewin Roofing Pty Ltd [2021] NSWDC 707

SafeWork NSW v Lewin Roofing Pty Ltd [2021] NSWDC 707

The defendant, being a person conducting a business, failed in its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by not implementing reasonably practicable measures to eliminate or minimise the obvious and foreseeable risk of a fall through skylights, resulting in serious injury. The offence was objectively serious given the ease of implementing safer measures, and no substantial mitigating circumstances outweigh the need for a significant penalty reflecting both specific and general deterrence. The defendant's early plea, cooperation, lack of previous convictions, remedial steps, and limited means warrant some leniency, resulting in a reduced fine.

Parties
Prosecutor: SafeWork NSW; Defendant: Lewin Roofing Pty Ltd
Jurisdiction
Australia
Judgment Date
21 December 2021
Procedural Posture
Criminal / Sentence
Outcome
Conviction; fine imposed; costs order made.
Legal Topics
Work Health and Safety Act 2011 (nsw), Duty of Persons Conducting Business or Undertaking, Risk of Death or Serious Injury, Sentencing, Objective Seriousness, Mitigating Factors, Aggravating Factors, General Deterrence, Specific Deterrence, Previous Convictions, Capacity to Pay
Criminal Law Work Health and Safety Work Health and Safety Act 2011 (nsw) Duty of Persons Conducting Business or Undertaking Risk of Death or Serious Injury Sentencing Objective Seriousness Mitigating Factors +5 more

Case Brief

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Parties

SafeWork NSW

Prosecutor

Lewin Roofing Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendant failed to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 (NSW)
  2. 2 Whether the failure exposed workers to a risk of death or serious injury
  3. 3 Objective and subjective seriousness of the offence

Ratio Decidendi

The defendant, being a person conducting a business, failed in its non-delegable duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by not implementing reasonably practicable measures to eliminate or minimise the obvious and foreseeable risk of a fall through skylights, resulting in serious injury. The offence was objectively serious given the ease of implementing safer measures, and no substantial mitigating circumstances outweigh the need for a significant penalty reflecting both specific and general deterrence. The defendant's early plea, cooperation, lack of previous convictions, remedial steps, and limited means warrant some leniency, resulting in a reduced fine.

Court Disposition

Conviction; fine imposed; costs order made.

Orders

  • The defendant is convicted.
  • The appropriate fine for the offence is $180,000.00, reduced by 25% to reflect a plea of guilty.