SafeWork NSW v Linda June Priest [2024] NSWDC 276

SafeWork NSW v Linda June Priest [2024] NSWDC 276

The defendant's culpability for both offences was in the mid range because the risk of quad bike injury was foreseeable, the potential consequences were death or serious injury, readily available steps could have minimised the risk, no meaningful action was taken, and Mr Simms suffered serious injury. Although the defendant was less culpable than IAD for the s 32 offence and had mitigating factors including guilty pleas, remorse, no prior convictions, good character, co-operation and reduced capacity to pay, general deterrence required fines rather than conditional release orders. The totality principle did not reduce the fines because the s 32 and s 46 offences concerned distinct...

Jurisdiction
Australia
Judgment Date
11 July 2024
Procedural Posture
Criminal Prosecution for Offences Under the Work Health and Safety Act 2011 (nsw) / Sentence After Pleas of Guilty
Outcome
Linda June Priest was convicted on both charges and fined $8,500 for the s 32 offence and $3,400 for the s 46 offence, with 50% of each fine to be paid to the prosecutor. She was ordered to pay the prosecutor's agreed costs of $30,000 for the s 32 proceeding and no costs order was made for the s 46 proceeding.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'labour Hire Work Health and Safety Duties' 'failure to Consult, Co Operate and Co Ordinate' 'quad Bike Safety' 'risk of Death or Serious Injury' 'plea of Guilty Discount' 'general Deterrence' 'specific Deterrence' 'capacity to Pay a Fine' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'labour Hire Work Health and Safety Duties' 'failure to Consult, Co Operate and Co Ordinate' 'quad Bike Safety' 'risk of Death or Serious Injury' 'plea of Guilty Discount' 'general Deterrence' 'specific Deterrence' 'capacity to Pay a Fine' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Offences Under the Work Health and Safety Act 2011 (nsw) / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for the defendant's s 32 Work Health and Safety Act 2011 (NSW) offence after exposing Mr Simms to a risk of death or serious injury." "What penalty should be imposed for the defendant's s 46 Work Health and Safety Act 2011 (NSW) offence after failing to consult, co-operate and co-ordinate activities with IAD." 'Whether mitigating factors, including the guilty pleas, lack of prior convictions, remorse, co-operation and reduced capacity to pay, should reduce the fines.' 'Whether a conditional release order under s 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW) should be made instead of imposing a fine.' 'Whether the totality principle required a reduction in the fines.' "Whether an order should be made for the defendant to pay the prosecutor's costs."]

Ratio Decidendi

The defendant's culpability for both offences was in the mid range because the risk of quad bike injury was foreseeable, the potential consequences were death or serious injury, readily available steps could have minimised the risk, no meaningful action was taken, and Mr Simms suffered serious injury. Although the defendant was less culpable than IAD for the s 32 offence and had mitigating factors including guilty pleas, remorse, no prior convictions, good character, co-operation and reduced capacity to pay, general deterrence required fines rather than conditional release orders. The totality principle did not reduce the fines because the s 32 and s 46 offences concerned distinct...

Court Disposition

Linda June Priest was convicted on both charges and fined $8,500 for the s 32 offence and $3,400 for the s 46 offence, with 50% of each fine to be paid to the prosecutor. She was ordered to pay the prosecutor's agreed costs of $30,000 for the s 32 proceeding and no costs order was made for the s 46 proceeding.

Orders

  • ['In District Court Proceedings 2022/387532, Linda June Priest is convicted.' 'In District Court Proceedings 2022/387532, the appropriate fine is $10,000 but that will be reduced by 15% to reflect the plea of guilty.' 'In District Court Proceedings 2022/387532, Linda June Priest is ordered to pay a fine of $8,500.'...