SafeWork NSW v PV Solar Pro Pty Ltd [2021] NSWDC 258

SafeWork NSW v PV Solar Pro Pty Ltd [2021] NSWDC 258

PV Solar Pro Pty Ltd was convicted and fined for failing to comply with its work health and safety duty, exposing workers to a risk of death or serious injury, resulting in a fatality due to inadequate safety measures around skylights and improper setup of fall arrest systems; the sentence imposed reflected the objective seriousness of the offence, the need for general and specific deterrence, the substantial harm caused, the mitigating effect of the guilty plea, remorse, and significant corrective actions, as well as consideration of the company's financial capacity.

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed
Legal Topics
['prosecution of Employer for Workplace Fatality' 'sentencing Workplace Health and Safety Offences' 'duty of Care of Employers' 'falls From Height Workplace Risk' 'objective Seriousness Sentencing' 'deterrence in Sentencing' 'aggravating and Mitigating Factors in Sentencing' 'capacity to Pay Fine' 'plea of Guilty Sentence Discount' 'remorse and Rehabilitation']
['criminal Law' 'work Health and Safety Law'] ['prosecution of Employer for Workplace Fatality' 'sentencing Workplace Health and Safety Offences' 'duty of Care of Employers' 'falls From Height Workplace Risk' 'objective Seriousness Sentencing' 'deterrence in Sentencing' 'aggravating and Mitigating Factors in Sentencing' 'capacity to Pay Fine' 'plea of Guilty Sentence Discount' 'remorse and Rehabilitation']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether PV Solar Pro Pty Ltd breached its health and safety duty under s 32 Work Health and Safety Act 2011 by exposing workers to risk of death or serious injury' 'Determination of appropriate sentence, including fine and costs, having regard to objective seriousness, aggravating and mitigating factors, deterrence, and capacity to pay']

Ratio Decidendi

PV Solar Pro Pty Ltd was convicted and fined for failing to comply with its work health and safety duty, exposing workers to a risk of death or serious injury, resulting in a fatality due to inadequate safety measures around skylights and improper setup of fall arrest systems; the sentence imposed reflected the objective seriousness of the offence, the need for general and specific deterrence, the substantial harm caused, the mitigating effect of the guilty plea, remorse, and significant corrective actions, as well as consideration of the company's financial capacity.

Court Disposition

Conviction and fine imposed

Orders

  • ['PV Solar Pro Pty Ltd is convicted.' 'A fine of $300,000 is imposed.' "The offender is to pay the prosecutor's costs agreed at $70,000." 'Pursuant to s 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.']