SafeWork NSW v Saunders Civilbuild Pty Ltd [2024] NSWDC 245

SafeWork NSW v Saunders Civilbuild Pty Ltd [2024] NSWDC 245

Saunders Civilbuild Pty Ltd, as a person conducting a business, breached its duty under s 19 of the WHS Act, failed to take reasonably practicable measures to ensure worker safety, and thereby exposed workers to a foreseeable risk of serious injury or death, warranting conviction and a fine reduced by 25% for early guilty plea.

Parties
Prosecutor: SafeWork NSW; Defendant: Saunders Civilbuild Pty Ltd
Jurisdiction
Australia
Judgment Date
27 June 2024
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence imposed
Legal Topics
Prosecution, Work Health and Safety Duty, Risk of Death or Serious Injury, Sentence, Objective Seriousness, Mitigating Factors, Aggravating Factors, Plea of Guilty, General Deterrence, Specific Deterrence, Capacity to Pay Penalty, Prosecution Costs, Fall From Height, Bridge Construction, Inadequately Secured Infill Panels
Criminal Law Work Health and Safety Prosecution Work Health and Safety Duty Risk of Death or Serious Injury Sentence Objective Seriousness Mitigating Factors +9 more

Case Brief

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Parties

SafeWork NSW

Prosecutor

Saunders Civilbuild Pty Ltd

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Did Saunders Civilbuild Pty Ltd fail to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW) and thereby expose workers to a risk of death or serious injury contrary to s 32 of the WHS Act?
  2. 2 What is the objective seriousness and proper sentence for the offence, including aggravating and mitigating factors?

Ratio Decidendi

Saunders Civilbuild Pty Ltd, as a person conducting a business, breached its duty under s 19 of the WHS Act, failed to take reasonably practicable measures to ensure worker safety, and thereby exposed workers to a foreseeable risk of serious injury or death, warranting conviction and a fine reduced by 25% for early guilty plea.

Court Disposition

Conviction and sentence imposed

Orders

  • Saunders Civilbuild Pty Ltd convicted on 20 June 2024.
  • Order Saunders Civilbuild Pty Ltd to pay a fine of $300,000 (discounted from $400,000 for early plea of guilty).