SafeWork NSW v Rahme Civil Pty Ltd; SafeWork NSW v Rabih Rahme [2024] NSWDC 561

SafeWork NSW v Rahme Civil Pty Ltd; SafeWork NSW v Rabih Rahme [2024] NSWDC 561

Given the gravity and objective seriousness of the breaches, the need for both general and specific deterrence, and the significant harm caused, substantial fines were warranted. However, the fines were tempered by consideration of the defendants' demonstrated financial hardship and capacity to pay, resulting in reductions under s 6 of the Fines Act 1996 (NSW). Prosecutor's costs were also ordered.

Parties
Prosecutor: SafeWork NSW; Defendant: Rahme Civil Pty Ltd; Defendant: Rabih Rahme
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fines imposed, with reductions for capacity to pay; order to pay costs
Legal Topics
Work Health and Safety Act, Sentencing, Fines, Deterrence, Objective Seriousness, Mitigating Factors, Aggravating Factors, Capacity to Pay, Prosecutor's Costs
Criminal Law Work Health and Safety Work Health and Safety Act Sentencing Fines Deterrence Objective Seriousness Mitigating Factors +3 more

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Parties

SafeWork NSW

Prosecutor

Rahme Civil Pty Ltd

Defendant

Rabih Rahme

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate penalty for breach of duties under Work Health and Safety Act
  2. 2 Assessment of objective seriousness and culpability
  3. 3 Consideration of mitigating and aggravating factors

Ratio Decidendi

Given the gravity and objective seriousness of the breaches, the need for both general and specific deterrence, and the significant harm caused, substantial fines were warranted. However, the fines were tempered by consideration of the defendants' demonstrated financial hardship and capacity to pay, resulting in reductions under s 6 of the Fines Act 1996 (NSW). Prosecutor's costs were also ordered.

Court Disposition

Conviction and fines imposed, with reductions for capacity to pay; order to pay costs

Orders

  • Rahme Civil Pty Ltd convicted and fined $400,000 (after 20% reduction); 50% of the fine to be paid to prosecutor; to pay prosecutor's costs as agreed or assessed
  • Rabih Rahme convicted and fined $50,000 (after 50% reduction); 50% of the fine to be paid to prosecutor; to pay prosecutor's costs as agreed or assessed