SafeWork NSW v Richard Crookes Constructions Pty Ltd [2024] NSWDC 584

SafeWork NSW v Richard Crookes Constructions Pty Ltd [2024] NSWDC 584

Richard Crookes Constructions Pty Ltd as principal contractor failed to adequately monitor and verify its subcontractor’s compliance with work health and safety obligations, resulting in an exposed risk of serious injury or death to workers including Mr Arnaout, in breach of its duty under the Work Health and Safety Act 2011 (NSW). The company’s culpability falls in the mid range, warranting conviction and penalization, with the penalty reduced by mitigating factors including an early guilty plea, character, remorse, and cooperation.

Parties
Prosecutor: SafeWork NSW; Defendant: Richard Crookes Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Criminal Proceeding / Sentencing
Outcome
Conviction and sentence
Legal Topics
Work Health and Safety, Duty of Persons Undertaking Business, Risk of Death or Serious Injury, Sentencing, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, Deterrence, Prosecution Costs, Parity, Capacity to Pay Penalty
Criminal Law Work Health and Safety Law Work Health and Safety Duty of Persons Undertaking Business Risk of Death or Serious Injury Sentencing Objective Seriousness Mitigating Factors +6 more

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Parties

SafeWork NSW

Prosecutor

Richard Crookes Constructions Pty Ltd

Defendant

Procedural Posture

Criminal Proceeding / Sentencing

Legal Issues

  1. 1 Did Richard Crookes Constructions Pty Ltd fail to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW)?
  2. 2 Did this failure expose workers to a risk of death or serious injury contrary to s 32 of the Work Health and Safety Act 2011 (NSW)?
  3. 3 What is the appropriate penalty in light of mitigating and aggravating factors and principles of deterrence?

Ratio Decidendi

Richard Crookes Constructions Pty Ltd as principal contractor failed to adequately monitor and verify its subcontractor’s compliance with work health and safety obligations, resulting in an exposed risk of serious injury or death to workers including Mr Arnaout, in breach of its duty under the Work Health and Safety Act 2011 (NSW). The company’s culpability falls in the mid range, warranting conviction and penalization, with the penalty reduced by mitigating factors including an early guilty plea, character, remorse, and cooperation.

Court Disposition

Conviction and sentence

Orders

  • Richard Crookes Constructions Pty Ltd is convicted.
  • Richard Crookes Constructions Pty Ltd is fined $150,000 (after 25% reduction for early guilty plea).