SafeWork NSW v Mercon Group Pty Ltd [2021] NSWDC 378

SafeWork NSW v Mercon Group Pty Ltd [2021] NSWDC 378

The offence was objectively serious because the risk of slab collapse was known and anticipated, the likelihood of risk was moderate to high, the potential consequence included death to more than one worker, readily available steps such as catch decks or another method could have eliminated the risk, and two workers...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 August 2021
Procedural Posture
Criminal Work Health and Safety Prosecution / Sentence After Plea of Guilty
Outcome
Mercon Group Pty Ltd was convicted and fined $90,000, ordered to pay the prosecutor's costs of $42,000, and 50% of the fine was ordered to be paid to the prosecutor.
Legal Topics
['failure to Comply With Health and Safety Duty' 'risk of Death or Serious Injury' 'demolition Work' 'falls From Height' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'guilty Plea Discount']
['criminal Law' 'work Health and Safety' 'sentencing'] ['failure to Comply With Health and Safety Duty' 'risk of Death or Serious Injury' 'demolition Work' 'falls From Height' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'guilty Plea Discount']

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Procedural Posture

Criminal Work Health and Safety Prosecution / Sentence After Plea of Guilty

Legal Issues

  1. 1 ["What penalty should be imposed for Mercon Group Pty Ltd's offence under s 32 Work Health and Safety Act 2011 for failing to comply with its duty under s 19(1) and exposing workers to a risk of death or serious injury." 'How objective seriousness, deterrence, aggravating factors, mitigating factors, remorse, rehabilitation, cooperation and the guilty plea should affect sentence.']

Ratio Decidendi

The offence was objectively serious because the risk of slab collapse was known and anticipated, the likelihood of risk was moderate to high, the potential consequence included death to more than one worker, readily available steps such as catch decks or another method could have eliminated the risk, and two workers suffered serious injuries. However, the principal contractor's refusal to accept the catch-deck quote, the offender's lack of prior convictions, remorse, cooperation, guilty plea, rehabilitation efforts, safety improvements, support for an injured worker and good corporate citizenship justified a substantially reduced penalty. A fine of $120,000 was reduced by 25% for the...

Court Disposition

Mercon Group Pty Ltd was convicted and fined $90,000, ordered to pay the prosecutor's costs of $42,000, and 50% of the fine was ordered to be paid to the prosecutor.

Orders

  • ['Mercon Group Pty Ltd is convicted.' 'I impose a fine of $90,000.' "The offender is to pay the prosecutor's costs of the proceedings in the sum of $42,000." 'I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.']