SafeWork NSW v P&K Bezzina Pty Limited; SafeWork NSW v Paul Martin Bezzina [2020] NSWDC 91

SafeWork NSW v P&K Bezzina Pty Limited; SafeWork NSW v Paul Martin Bezzina [2020] NSWDC 91

The risk that an unbraced partially-built brick wall would collapse was obvious, foreseeable and known or should have been known from available guidance material; the possible consequences included death or catastrophic injury; straightforward and low-burden measures such as temporary supports, exclusion zones, risk assessment, consultation and safe work procedures would have eliminated or minimised the risk. Each offender's culpability was at the low end of the mid range. Taking account of the substantial injury, the need for general deterrence, the absence of prior convictions, good character, remorse, cooperation, low risk of reoffending and early guilty pleas, the appropriate fines...

Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Criminal Prosecution for Work Health and Safety Offences / Sentence Following Pleas of Guilty
Outcome
P&K Bezzina Pty Limited and Paul Martin Bezzina were each convicted, fined after a 25% discount for guilty pleas, ordered to pay 50% of the fine to the prosecutor, and ordered to pay the prosecutor's costs.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'officer Due Diligence' 'risk of Death or Serious Injury' 'masonry Wall Construction' 'objective Seriousness' 'plea of Guilty' 'general Deterrence' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'officer Due Diligence' 'risk of Death or Serious Injury' 'masonry Wall Construction' 'objective Seriousness' 'plea of Guilty' 'general Deterrence' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offences / Sentence Following Pleas of Guilty

Legal Issues

  1. 1 ['What penalty should be imposed on P&K Bezzina Pty Limited for failing to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW), exposing Mr Singh to a risk of death or serious injury contrary to s 32 of the Act.' 'What penalty should be imposed on Paul Martin Bezzina for failing, as an officer of P&K Bezzina Pty Limited, to exercise due diligence under s 27(1) of the Work Health and Safety Act 2011 (NSW), exposing Mr Singh to a risk of death or serious injury contrary to s 32 of the Act.' 'How the objective seriousness, aggravating and mitigating factors, deterrence, guilty pleas, capacity to pay, and costs should affect sentence.']

Ratio Decidendi

The risk that an unbraced partially-built brick wall would collapse was obvious, foreseeable and known or should have been known from available guidance material; the possible consequences included death or catastrophic injury; straightforward and low-burden measures such as temporary supports, exclusion zones, risk assessment, consultation and safe work procedures would have eliminated or minimised the risk. Each offender's culpability was at the low end of the mid range. Taking account of the substantial injury, the need for general deterrence, the absence of prior convictions, good character, remorse, cooperation, low risk of reoffending and early guilty pleas, the appropriate fines...

Court Disposition

P&K Bezzina Pty Limited and Paul Martin Bezzina were each convicted, fined after a 25% discount for guilty pleas, ordered to pay 50% of the fine to the prosecutor, and ordered to pay the prosecutor's costs.

Orders

  • ['The offender P&K Bezzina Pty Limited is convicted.' 'The appropriate fine for P&K Bezzina Pty Limited is $120,000 but that will be reduced by 25% to reflect the plea of guilty.' 'P&K Bezzina Pty Limited is ordered to pay a fine of $90,000.' 'Pursuant to Section 122(2) of the Fines Act 1996, 50% of the fine imposed...