R v Sapform Pty Ltd [2020] NSWDC 86

R v Sapform Pty Ltd [2020] NSWDC 86

The offence fell within the high range of objective seriousness because the risk of a fall of about three metres from a partially constructed formwork deck was obvious and foreseeable, the consequences were potentially catastrophic and in fact fatal, and inexpensive and straightforward control measures such as proper risk assessment, supervision, edge protection, covers and adherence to the accepted industry sequence were available. The defendant had direct control and influence over the work, owed a non-delegable duty, could not rely on the experience of the deceased worker, the supervisor, KNT, or alleged deficiencies in guidance material, and needed both general and specific...

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Criminal Work Health and Safety Prosecution / Sentence Following Guilty Plea
Outcome
Defendant convicted and fined $450,000 after a 25% discount for the guilty plea.
Legal Topics
['duty of Person Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'falls From Height' 'formwork Safety' 'objective Seriousness' 'aggravating and Mitigating Factors' 'general Deterrence' 'specific Deterrence' 'guilty Plea Discount']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Person Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'falls From Height' 'formwork Safety' 'objective Seriousness' 'aggravating and Mitigating Factors' 'general Deterrence' 'specific Deterrence' 'guilty Plea Discount']

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Procedural Posture

Criminal Work Health and Safety Prosecution / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What penalty should be imposed on Sapform Pty Ltd for failing to comply with its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), contrary to s 32 of that Act.' 'Whether the offence was objectively serious having regard to the foreseeability of the risk of falling from height, the gravity of the risk, the availability of control measures, and the fatal injury to Mr DaSilva.' "What weight should be given to general deterrence, specific deterrence, aggravating factors, mitigating factors, the guilty plea, remorse, cooperation, prior good character, and the defendant's financial circumstances."]

Ratio Decidendi

The offence fell within the high range of objective seriousness because the risk of a fall of about three metres from a partially constructed formwork deck was obvious and foreseeable, the consequences were potentially catastrophic and in fact fatal, and inexpensive and straightforward control measures such as proper risk assessment, supervision, edge protection, covers and adherence to the accepted industry sequence were available. The defendant had direct control and influence over the work, owed a non-delegable duty, could not rely on the experience of the deceased worker, the supervisor, KNT, or alleged deficiencies in guidance material, and needed both general and specific...

Court Disposition

Defendant convicted and fined $450,000 after a 25% discount for the guilty plea.

Orders

  • ['The defendant is convicted.' 'The appropriate fine would be $600,000.00 and that will be reduced by 25% to reflect a plea of guilty.' 'The defendant is ordered to pay a fine of $450,000.00.' '50% of the fine imposed is to be paid to the prosecutor.' "The defendant is to pay the prosecutor's costs as agreed or...