SafeWork NSW v MJM Painting Services Pty Limited; SafeWork NSW v Miro Maric [2019] NSWDC 124

SafeWork NSW v MJM Painting Services Pty Limited; SafeWork NSW v Miro Maric [2019] NSWDC 124

Both MJM Painting Services Pty Limited and Miro Maric failed to take reasonably practicable steps to manage an obvious risk of falling through unguarded voids at the construction site, exposing Peter Posa to risk of death or serious injury in contravention of their statutory duties under the Work Health and Safety Act 2011. Their culpability was heightened by the foreseeability and ease of remedial measures, but mitigated by early guilty pleas, remorse, cooperation, and absence of prior convictions.

Parties
Prosecutor: SafeWork New South Wales; Defendant: MJM Painting Services Pty Limited; Defendant: Miro Maric
Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Criminal / Sentencing
Outcome
Both defendants convicted and fined. Costs ordered.
Legal Topics
Prosecution, Work Health and Safety, Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, General Deterrence, Specific Deterrence, Penalty, Prosecution Costs
Criminal Law Work Health and Safety Prosecution Duty of Persons Undertaking Business Risk of Death or Serious Injury Objective Seriousness Mitigating Factors Aggravating Factors +5 more

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Parties

SafeWork New South Wales

Prosecutor

MJM Painting Services Pty Limited

Defendant

Miro Maric

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Did MJM Painting Services Pty Limited fail to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011, exposing a worker to risk of death or serious injury?
  2. 2 Did Miro Maric, as an officer of MJM Painting Services Pty Limited, fail to exercise due diligence to ensure compliance with the health and safety duty, thereby exposing the worker to risk?

Ratio Decidendi

Both MJM Painting Services Pty Limited and Miro Maric failed to take reasonably practicable steps to manage an obvious risk of falling through unguarded voids at the construction site, exposing Peter Posa to risk of death or serious injury in contravention of their statutory duties under the Work Health and Safety Act 2011. Their culpability was heightened by the foreseeability and ease of remedial measures, but mitigated by early guilty pleas, remorse, cooperation, and absence of prior convictions.

Court Disposition

Both defendants convicted and fined. Costs ordered.

Orders

  • MJM Painting Services Pty Limited is convicted and fined $187,500 (reduced by 25% for a guilty plea), with 50% of the fine to be paid to the prosecutor pursuant to s 122(2) of the Fines Act 1996.
  • MJM Painting Services Pty Limited is ordered to pay the prosecutor's costs in the sum of $45,000.