SafeWork NSW v PRW Services Pty Ltd; SafeWork NSW v Peter Whalan [2024] NSWDC 16

SafeWork NSW v PRW Services Pty Ltd; SafeWork NSW v Peter Whalan [2024] NSWDC 16

PRW and Mr Whalan were each convicted because they pleaded guilty to WHS offences exposing Mr Irwin to a risk of death or serious injury. The Court found their culpability was in the upper half of the mid range because the risk of falling from height through the rear awning roof was actually known, the likelihood of the risk occurring was quite high, the potential consequences were very serious, simple and obvious steps were available to eliminate or minimise the risk, and those steps imposed no great burden or inconvenience. The substantial injury to Mr Irwin aggravated the offences. Mitigating factors included no prior convictions, good character, remorse, low likelihood of reoffending...

Jurisdiction
Australia
Judgment Date
13 February 2024
Procedural Posture
Criminal Prosecution for Work Health and Safety Offences / Sentence After Pleas of Guilty
Outcome
PRW Services Pty Ltd and Peter Whalan were convicted and fined, with costs orders in favour of the prosecutor.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'duty of Officers' 'failure to Comply With Work Health and Safety Duty' 'risk of Death or Serious Injury' 'fall From Height' 'objective Seriousness' 'general Deterrence' 'plea of Guilty Discount' 'capacity to Pay Fine' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'duty of Officers' 'failure to Comply With Work Health and Safety Duty' 'risk of Death or Serious Injury' 'fall From Height' 'objective Seriousness' 'general Deterrence' 'plea of Guilty Discount' 'capacity to Pay Fine' 'prosecution Costs']

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Procedural Posture

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

Legal Issues

  1. 1 ['What penalties should be imposed on PRW Services Pty Ltd and Peter Whalan for offences contrary to s 32 of the Work Health and Safety Act 2011 (NSW).' 'How objectively serious the offending was having regard to the known risk of workers falling from height through the rear awning roof and the available reasonably practicable measures.' 'Whether mitigating and aggravating factors, including guilty pleas, remorse, absence of prior convictions, injury caused, deterrence and capacity to pay, affected the appropriate fines.' 'Whether orders for payment of part of the fines to the prosecutor and prosecution costs should be made.']

Ratio Decidendi

PRW and Mr Whalan were each convicted because they pleaded guilty to WHS offences exposing Mr Irwin to a risk of death or serious injury. The Court found their culpability was in the upper half of the mid range because the risk of falling from height through the rear awning roof was actually known, the likelihood of the risk occurring was quite high, the potential consequences were very serious, simple and obvious steps were available to eliminate or minimise the risk, and those steps imposed no great burden or inconvenience. The substantial injury to Mr Irwin aggravated the offences. Mitigating factors included no prior convictions, good character, remorse, low likelihood of reoffending...

Court Disposition

PRW Services Pty Ltd and Peter Whalan were convicted and fined, with costs orders in favour of the prosecutor.

Orders

  • ['In proceedings 2022/346665, PRW Services Pty Ltd is convicted.' 'The appropriate fine for PRW Services Pty Ltd is $500,000 but that is reduced by 25% to reflect the early plea of guilty.' 'PRW Services Pty Ltd is ordered to pay a fine of $375,000.' 'Pursuant to Section 122(2) of the Fines Act 1996 (NSW), 50% of...