SafeWork NSW v Modco Homes Pty Ltd [2024] NSWDC 565

SafeWork NSW v Modco Homes Pty Ltd [2024] NSWDC 565

The offences were objectively serious due to the failure to enforce safety procedures resulting in risk of death or serious injury, including breach of notification and site-preservation duties following notifiable incidents. Penalties were reduced by 25% for the utilitarian value of an early guilty plea, considering the defendant's otherwise good character, remorse, cooperation, and subsequent remedial actions.

Parties
Prosecutor: SafeWork NSW; Defendant: Modco Homes Pty Ltd
Jurisdiction
Australia
Judgment Date
02 December 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction and imposition of fines with costs orders
Legal Topics
Prosecution, Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Sentencing, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, General Deterrence, Specific Deterrence, Remorse, Costs
Criminal Law Work Health and Safety Prosecution Duty of Persons Undertaking Business Risk of Death or Serious Injury Sentencing Objective Seriousness Mitigating Factors +6 more

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Parties

SafeWork NSW

Prosecutor

Modco Homes Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Failure to ensure health and safety of workers contrary to s 19(1) of the Work Health and Safety Act 2011 (NSW)
  2. 2 Failure to notify regulator of a notifiable incident (s 38(1) WHS Act)
  3. 3 Failure to preserve notifiable incident site (s 39(1) WHS Act)

Ratio Decidendi

The offences were objectively serious due to the failure to enforce safety procedures resulting in risk of death or serious injury, including breach of notification and site-preservation duties following notifiable incidents. Penalties were reduced by 25% for the utilitarian value of an early guilty plea, considering the defendant's otherwise good character, remorse, cooperation, and subsequent remedial actions.

Court Disposition

Conviction and imposition of fines with costs orders

Orders

  • Modco Homes Pty Ltd is convicted in each proceeding.
  • For the offence under s 19(1) (file 2023/198178), a fine of $80,000 is reduced by 25% to $60,000.