SafeWork NSW v Murray Constructions Pty Ltd [2023] NSWDC 343

SafeWork NSW v Murray Constructions Pty Ltd [2023] NSWDC 343

Murray Constructions Pty Ltd failed to comply with its work health and safety duty by not ensuring loads were secured by plant before restraints were released and by allowing an unlicensed worker to perform dogging duties, exposing workers to a known, foreseeable and significant risk of death or serious injury. Reasonably practicable measures to eliminate or minimise the risk were not implemented, despite being straightforward and low-cost. The culpability was in the mid-range, warranting a substantial penalty. The defendant's early guilty plea entitled it to a 25% reduction on the appropriate fine. Aggravation for actual harm was not established to the required standard. Mitigating...

Parties
Prosecutor: SafeWork NSW; Defendant: Murray Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
31 August 2023
Procedural Posture
Criminal / Sentence
Outcome
Conviction, fine, and costs order against defendant
Legal Topics
Duty of Persons Undertaking Business, Failure to Ensure Safety, Risk of Death or Serious Injury, Sentencing Mitigation and Aggravation, Employer Obligations, General and Specific Deterrence
Criminal Law Work Health and Safety Duty of Persons Undertaking Business Failure to Ensure Safety Risk of Death or Serious Injury Sentencing Mitigation and Aggravation Employer Obligations General and Specific Deterrence

Case Brief

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Parties

SafeWork NSW

Prosecutor

Murray Constructions Pty Ltd

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Murray Constructions Pty Ltd failed to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW) and thereby exposed workers to a risk of death or serious injury contrary to s 32 of the Act
  2. 2 Assessment of the objective seriousness and level of culpability for the breach
  3. 3 Determination of appropriate penalty, mitigating/aggravating factors, and application of sentencing principles

Ratio Decidendi

Murray Constructions Pty Ltd failed to comply with its work health and safety duty by not ensuring loads were secured by plant before restraints were released and by allowing an unlicensed worker to perform dogging duties, exposing workers to a known, foreseeable and significant risk of death or serious injury. Reasonably practicable measures to eliminate or minimise the risk were not implemented, despite being straightforward and low-cost. The culpability was in the mid-range, warranting a substantial penalty. The defendant's early guilty plea entitled it to a 25% reduction on the appropriate fine. Aggravation for actual harm was not established to the required standard. Mitigating...

Court Disposition

Conviction, fine, and costs order against defendant

Orders

  • Murray Constructions Pty Ltd convicted on 22 August 2023
  • Murray Constructions Pty Ltd to pay a fine of $450,000 (reduced from $600,000 for plea of guilty)