SafeWork NSW v Sandhu Construction Group Pty Ltd [2021] NSWDC 193

SafeWork NSW v Sandhu Construction Group Pty Ltd [2021] NSWDC 193

The defendant failed to comply with its health and safety duty, exposing workers to a risk of death or serious injury, in circumstances where the risk was foreseeable, measures were reasonably practicable, and compliance would have been straightforward. The breach was serious, aggravating factors were present, and no meaningful mitigation was established, justifying conviction and a substantial fine with a modest reduction for the guilty plea.

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentencing; defendant convicted and fined.
Legal Topics
['work Health and Safety' 'risk of Death or Serious Injury' 'duty of Persons Undertaking a Business or Undertaking' 'reasonably Practicable' 'likelihood of Risk' 'knowledge of Risk' 'sentencing Principles' 'reduction for Plea of Guilty']
['criminal Law' 'work Health and Safety'] ['work Health and Safety' 'risk of Death or Serious Injury' 'duty of Persons Undertaking a Business or Undertaking' 'reasonably Practicable' 'likelihood of Risk' 'knowledge of Risk' 'sentencing Principles' 'reduction for Plea of Guilty']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Did the defendant fail to comply with its duty under s 19(1) of the Work Health and Safety Act 2011 (NSW)?' "Was the defendant's breach of duty serious enough to meet the statutory threshold for conviction and sentencing?" 'What aggravating and mitigating factors affect the sentence?' 'Is the defendant entitled to a reduction for a guilty plea?']

Ratio Decidendi

The defendant failed to comply with its health and safety duty, exposing workers to a risk of death or serious injury, in circumstances where the risk was foreseeable, measures were reasonably practicable, and compliance would have been straightforward. The breach was serious, aggravating factors were present, and no meaningful mitigation was established, justifying conviction and a substantial fine with a modest reduction for the guilty plea.

Court Disposition

Conviction and sentencing; defendant convicted and fined.

Orders

  • ['The defendant is convicted.' 'The appropriate fine for the defendant is $700,000.00, reduced by 5% to $665,000.00 for the utility of the guilty plea.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the prosecutor.' "The defendant is to pay the prosecutor's costs as...