SafeWork NSW v Opcon Plumbing Pty Ltd; SafeWork NSW v Annous [2018] NSWDC 350

SafeWork NSW v Opcon Plumbing Pty Ltd; SafeWork NSW v Annous [2018] NSWDC 350

Both Opcon Plumbing Pty Ltd and Houssam Annous breached their respective work health and safety duties, exposing a worker to a risk of death, resulting in fatality. Sentences determined by objective seriousness, aggravating and mitigating factors, the offenders' remorse, guilty pleas, cooperation, and capacity to...

Source-derived case information.

Parties
Prosecutor: SafeWork NSW; Defendant: Opcon Plumbing Pty Limited; Defendant: Houssam Annous
Jurisdiction
Australia
Judgment Date
23 November 2018
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Both defendants convicted. Fines imposed. Costs awarded to prosecutor.
Legal Topics
Work Health and Safety Duty, Employer Duty, Officer Duty, Sentencing Principles, Risk of Death or Serious Injury, Aggravating and Mitigating Factors, Objective Seriousness, General and Specific Deterrence, Remorse, Simple Risk Control Measures, Prosecution Costs, Work at Heights, Replacement of Asbestos Roof Sheeting
Criminal Law Work Health and Safety Law Work Health and Safety Duty Employer Duty Officer Duty Sentencing Principles Risk of Death or Serious Injury Aggravating and Mitigating Factors +7 more

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Summary, issues, holding and outcome

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Parties

SafeWork NSW

Prosecutor

Opcon Plumbing Pty Limited

Defendant

Houssam Annous

Defendant

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 Breach of health and safety duty under section 19(1) of the Work Health and Safety Act 2011 by Opcon Plumbing Pty Ltd
  2. 2 Breach of officer health and safety duty under section 27(1) of the Work Health and Safety Act 2011 by Houssam Annous
  3. 3 Exposure of worker to risk of death or serious injury contrary to section 32 of the Work Health and Safety Act 2011

Ratio Decidendi

Both Opcon Plumbing Pty Ltd and Houssam Annous breached their respective work health and safety duties, exposing a worker to a risk of death, resulting in fatality. Sentences determined by objective seriousness, aggravating and mitigating factors, the offenders' remorse, guilty pleas, cooperation, and capacity to pay fines. Appropriate fines imposed and costs ordered.

Court Disposition

Both defendants convicted. Fines imposed. Costs awarded to prosecutor.

Orders

  • Opcon Plumbing Pty Ltd is convicted. Fine of $75,000 imposed; 50% to be paid to prosecutor.
  • Houssam Annous is convicted. Fine of $7,500 imposed; 50% to be paid to prosecutor.