SafeWork NSW v Scopeview Projects Pty Ltd; SafeWork NSW v Cameron Doueihi [2024] NSWDC 323

SafeWork NSW v Scopeview Projects Pty Ltd; SafeWork NSW v Cameron Doueihi [2024] NSWDC 323

The offenders' conduct in failing to take reasonably practicable steps to manage risks of masonry wall collapse, resulting in serious worker injury, constituted a high level of objective seriousness and culpability under the WHS Act, warranting convictions and significant fines despite mitigating factors, to reflect the need for general and specific deterrence.

Parties
Prosecutor: SafeWork NSW; Defendant: Scopeview Projects Pty Ltd; Defendant: Cameron Doueihi
Jurisdiction
Australia
Judgment Date
07 August 2024
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed on both Scopeview Projects Pty Ltd and Cameron Doueihi with costs orders.
Legal Topics
Work Health and Safety Prosecution, Sentencing, General Deterrence, Specific Deterrence, Mitigating Factors, Aggravating Factors, Capacity to Pay Fine, Construction Site Safety, Demolition and Excavation
Criminal Law Work Health and Safety Work Health and Safety Prosecution Sentencing General Deterrence Specific Deterrence Mitigating Factors Aggravating Factors +3 more

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Parties

SafeWork NSW

Prosecutor

Scopeview Projects Pty Ltd

Defendant

Cameron Doueihi

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether Scopeview Projects Pty Ltd breached its health and safety duty under s 19 of the Work Health and Safety Act 2011 (NSW) and thereby exposed workers to a risk of death or serious injury contrary to s 32 of the Act
  2. 2 Whether Cameron Doueihi, as officer of Scopeview, failed to exercise due diligence under s 27(1) of the Act and thus exposed workers to a similar risk contrary to s 32

Ratio Decidendi

The offenders' conduct in failing to take reasonably practicable steps to manage risks of masonry wall collapse, resulting in serious worker injury, constituted a high level of objective seriousness and culpability under the WHS Act, warranting convictions and significant fines despite mitigating factors, to reflect the need for general and specific deterrence.

Court Disposition

Conviction and fine imposed on both Scopeview Projects Pty Ltd and Cameron Doueihi with costs orders.

Orders

  • Scopeview Projects Pty Ltd convicted and fined $375,000 (after 25% reduction for early plea); 50% of fine to be paid to the prosecutor; ordered to pay prosecutor's costs.
  • Cameron Doueihi convicted and fined $60,000 (after 25% reduction for early plea); 50% of fine to be paid to the prosecutor; ordered to pay prosecutor's costs.