McAndrew v Simmons [2020] NSWDC 81

McAndrew v Simmons [2020] NSWDC 81

The offender, as a person conducting a business or undertaking with a health and safety duty, failed to ensure appropriate safety management systems and risk assessments for workers. This failure led to a foreseeable and preventable risk, which materialised in the death of a worker. The seriousness of the offence, need for general deterrence, and the harm caused warranted conviction and a substantial fine, mitigated in part by the offender's remorse, co-operation, lack of prior conviction, early guilty plea and financial circumstances.

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Criminal / Sentencing Following Plea of Guilty
Outcome
Conviction; fine imposed
Legal Topics
['exposing Worker to Risk of Death or Serious Injury' 'sentencing' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'capacity to Pay' 'remorse' 'rehabilitation']
['criminal Law' 'work Health and Safety'] ['exposing Worker to Risk of Death or Serious Injury' 'sentencing' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'capacity to Pay' 'remorse' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal / Sentencing Following Plea of Guilty

Legal Issues

  1. 1 ['Whether the offender failed to comply with a health and safety duty under section 19(1) of the Work Health and Safety Act 2011, exposing a worker to risk of death or serious injury in contravention of section 32 of the Act' 'Assessment of objective seriousness and appropriate penalty along with application of aggravating and mitigating factors']

Ratio Decidendi

The offender, as a person conducting a business or undertaking with a health and safety duty, failed to ensure appropriate safety management systems and risk assessments for workers. This failure led to a foreseeable and preventable risk, which materialised in the death of a worker. The seriousness of the offence, need for general deterrence, and the harm caused warranted conviction and a substantial fine, mitigated in part by the offender's remorse, co-operation, lack of prior conviction, early guilty plea and financial circumstances.

Court Disposition

Conviction; fine imposed

Orders

  • ['Richard Wayne Simmons is convicted.' 'A fine of $90,000 is imposed.' 'Pursuant to section 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' "The offender is to pay the prosecutor's costs of the proceedings as agreed or assessed."]