SafeWork NSW v Mondiale VGL Pty Ltd [2022] NSWDC 275

SafeWork NSW v Mondiale VGL Pty Ltd [2022] NSWDC 275

Mondiale VGL Pty Ltd was responsible for failing to implement reasonably practicable safety measures to eliminate or minimize the risk of fatal injury to workers. The risk was foreseeable and preventable through simple and well-known steps with minimal burden. As a result of this breach, Mr Marlow died, making Mondiale's level of culpability in the mid-range. The maximum penalty reflected the seriousness of the offence, but a 25% discount was applied for an early guilty plea.

Parties
Prosecutor: SafeWork NSW; Defendant: Mondiale VGL Pty Ltd
Jurisdiction
Australia
Judgment Date
21 July 2022
Procedural Posture
Criminal / Sentence
Outcome
Mondiale VGL Pty Ltd convicted and fined for breach of work health and safety duty resulting in death.
Legal Topics
Work Health and Safety, Duty of Care, Risk Management, Prosecution, Sentencing, Mitigating Factors, Aggravating Factors, Costs, Deterrence
Criminal Law Work Health and Safety Law Work Health and Safety Duty of Care Risk Management Prosecution Sentencing Mitigating Factors +3 more

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Parties

SafeWork NSW

Prosecutor

Mondiale VGL Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Mondiale VGL Pty Ltd breached its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW) and thereby exposed a worker to the risk of death or serious injury contrary to s 32.
  2. 2 Assessment of the objective seriousness of the offence.
  3. 3 Appropriate penalty and discount for early plea of guilty.

Ratio Decidendi

Mondiale VGL Pty Ltd was responsible for failing to implement reasonably practicable safety measures to eliminate or minimize the risk of fatal injury to workers. The risk was foreseeable and preventable through simple and well-known steps with minimal burden. As a result of this breach, Mr Marlow died, making Mondiale's level of culpability in the mid-range. The maximum penalty reflected the seriousness of the offence, but a 25% discount was applied for an early guilty plea.

Court Disposition

Mondiale VGL Pty Ltd convicted and fined for breach of work health and safety duty resulting in death.

Orders

  • Mondiale VGL Pty Ltd was convicted.
  • The appropriate fine is $500,000 but reduced by 25% for early plea of guilty.