Safework NSW v Master Electrical Services Pty Ltd; Safework NSW v Tannous [2020] NSWDC 331

Safework NSW v Master Electrical Services Pty Ltd; Safework NSW v Tannous [2020] NSWDC 331

Both Master Electrical Services Pty Ltd and Nicolas Tannous breached their work health and safety duties by failing to implement adequate edge protection or effective systems to prevent worker exposure to risk of falls, despite foreseeability and available precautions. Their culpability is in the mid-range. Significant penalties are warranted to reflect objective seriousness, general and specific deterrence, and the substantial harm caused, but are moderated for early guilty pleas, remorse, good character, positive post-offence conduct, and parity.

Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Criminal Prosecution / Sentencing Decision
Outcome
Conviction and fines imposed for both defendants; prosecutor's costs awarded.
Legal Topics
['workplace Safety' 'sentencing' 'employer Duties' 'aggravating and Mitigating Factors' 'general Deterrence' 'specific Deterrence' 'parity' 'capacity to Pay' 'victim Impact Statements']
['criminal Law' 'work Health and Safety Law'] ['workplace Safety' 'sentencing' 'employer Duties' 'aggravating and Mitigating Factors' 'general Deterrence' 'specific Deterrence' 'parity' 'capacity to Pay' 'victim Impact Statements']

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Procedural Posture

Criminal Prosecution / Sentencing Decision

Legal Issues

  1. 1 ['Did Master Electrical Services Pty Ltd and Nicolas Tannous breach their work health and safety duties and expose a worker to risk of death or serious injury?' 'What is the appropriate penalty for the offending?' 'What aggravating and mitigating factors apply to sentencing?' 'Is there parity in culpability between co-defendants?']

Ratio Decidendi

Both Master Electrical Services Pty Ltd and Nicolas Tannous breached their work health and safety duties by failing to implement adequate edge protection or effective systems to prevent worker exposure to risk of falls, despite foreseeability and available precautions. Their culpability is in the mid-range. Significant penalties are warranted to reflect objective seriousness, general and specific deterrence, and the substantial harm caused, but are moderated for early guilty pleas, remorse, good character, positive post-offence conduct, and parity.

Court Disposition

Conviction and fines imposed for both defendants; prosecutor's costs awarded.

Orders

  • ["Master Electrical Services Pty Ltd convicted and fined $150,000 (25% reduction for guilty plea), 50% payable to prosecutor; to pay prosecutor's costs of $25,000." "Nicolas Tannous convicted and fined $15,000 (25% reduction for guilty plea), 50% payable to prosecutor; to pay prosecutor's costs of $25,000."]