SafeWork NSW v McInerney Enterprises Pty Ltd;; SafeWork NSW v Taylor McInerney [2023] NSWDC 56

SafeWork NSW v McInerney Enterprises Pty Ltd;; SafeWork NSW v Taylor McInerney [2023] NSWDC 56

Both defendants failed to implement adequate systems for risk assessment, supervision, and training regarding falls from height, exposing workers to a foreseeable risk of serious injury or death. Despite subsequent improvements, the risk was obvious, the available control measures straightforward, and the failure serious and in breach of non-delegable statutory duties. However, due to the defendants' financial circumstances, remorse, early guilty pleas, and steps taken since the incident, leniency was exercised in the quantum of fines.

Jurisdiction
Australia
Judgment Date
15 March 2023
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Defendants convicted and fined; costs awarded to prosecutor.
Legal Topics
['prosecution for Work Health and Safety Breach' 'sentencing Principles' 'fines and Financial Circumstances' 'general and Specific Deterrence' 'risk of Serious Injury at Work' 'duty of Persons Undertaking Business' 'vulnerable Worker']
['criminal Law' 'work Health and Safety Law'] ['prosecution for Work Health and Safety Breach' 'sentencing Principles' 'fines and Financial Circumstances' 'general and Specific Deterrence' 'risk of Serious Injury at Work' 'duty of Persons Undertaking Business' 'vulnerable Worker']

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Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the work health and safety offences committed by the corporate and individual defendants?' "How should the objective seriousness of the offences and the defendants' capacity to pay affect the fines imposed?" 'What weight should be given to deterrence and mitigating/aggravating factors in sentencing these defendants?']

Ratio Decidendi

Both defendants failed to implement adequate systems for risk assessment, supervision, and training regarding falls from height, exposing workers to a foreseeable risk of serious injury or death. Despite subsequent improvements, the risk was obvious, the available control measures straightforward, and the failure serious and in breach of non-delegable statutory duties. However, due to the defendants' financial circumstances, remorse, early guilty pleas, and steps taken since the incident, leniency was exercised in the quantum of fines.

Court Disposition

Defendants convicted and fined; costs awarded to prosecutor.

Orders

  • ['The defendants are convicted.' 'The appropriate fine for the offence by McInerney Enterprises Pty Ltd is $400,000.00, reduced by 25% for guilty plea, resulting in $300,000.00; exercising discretion under s 6 Fines Act, fine is set at $150,000.00.' 'The appropriate fine for the offence by Mr McInerney is $1,000.00,...