SafeWork NSW v McConnell Dowell Constructors (Aust) Pty Limited (No. 3) [2021] NSWDC 105

SafeWork NSW v McConnell Dowell Constructors (Aust) Pty Limited (No. 3) [2021] NSWDC 105

McConnell Dowell Constructors (Aust) Pty Limited failed to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), exposing workers to a foreseeable risk of death or serious injury. The offence was objectively serious, with aggravating circumstances including substantial harm (resulting in death), but mitigation applied due to absence of prior convictions, good character, cooperation with authorities, and post-incident steps. A fine of $500,000 was imposed and 50% directed to the prosecutor, reflecting both the seriousness and parity with co-offender's penalty.

Jurisdiction
Australia
Judgment Date
08 April 2021
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Convicted and sentenced to fine, prosecutor's costs ordered.
Legal Topics
['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'general Deterrence' 'specific Deterrence' 'substantial Harm, Injury, Loss or Damage' 'parity Principle' 'victim Impact Statement' 'appropriate Penalty' 'prosecution Costs']
['criminal Law' 'work Health and Safety Law'] ['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'general Deterrence' 'specific Deterrence' 'substantial Harm, Injury, Loss or Damage' 'parity Principle' 'victim Impact Statement' 'appropriate Penalty' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['Failure to comply with work health and safety duty exposing workers to risk of death or serious injury' "Assessment of offender's culpability and objective seriousness of offence" 'Appropriate penalty for breach' 'Application of aggravating and mitigating factors' 'Parity principle in sentencing compared to co-offender']

Ratio Decidendi

McConnell Dowell Constructors (Aust) Pty Limited failed to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), exposing workers to a foreseeable risk of death or serious injury. The offence was objectively serious, with aggravating circumstances including substantial harm (resulting in death), but mitigation applied due to absence of prior convictions, good character, cooperation with authorities, and post-incident steps. A fine of $500,000 was imposed and 50% directed to the prosecutor, reflecting both the seriousness and parity with co-offender's penalty.

Court Disposition

Convicted and sentenced to fine, prosecutor's costs ordered.

Orders

  • ['McConnell Dowell Constructors (Aust) Pty Limited convicted.' 'Victim Impact Statements of Ms Kay Macpherson and Mr Iain Macpherson taken into account.' 'Order McConnell Dowell Constructors (Aust) Pty Limited to pay a fine of $500,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the...