SafeWork NSW v Silver Stone Hardware Pty Ltd [2021] NSWDC 551

SafeWork NSW v Silver Stone Hardware Pty Ltd [2021] NSWDC 551

The defendant failed to discharge its non-delegable duty to ensure, so far as reasonably practicable, the health and safety of workers, exposing an employee to risk of serious injury. The offender’s failure was objectively serious, compounded by inadequate training and risk assessment, warranting a significant penalty despite mitigating factors, with a reduction for the early guilty plea.

Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Conviction and sentencing
Legal Topics
['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay' 'appropriate Sentence']
['criminal Law' 'work Health and Safety'] ['duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay' 'appropriate Sentence']

Case Brief

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Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['Did the defendant fail to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW)?' "Was the defendant's breach objectively serious and deserving of a significant penalty?" 'How should aggravating, mitigating factors, and capacity to pay affect sentencing?']

Ratio Decidendi

The defendant failed to discharge its non-delegable duty to ensure, so far as reasonably practicable, the health and safety of workers, exposing an employee to risk of serious injury. The offender’s failure was objectively serious, compounded by inadequate training and risk assessment, warranting a significant penalty despite mitigating factors, with a reduction for the early guilty plea.

Court Disposition

Conviction and sentencing

Orders

  • ['The defendant is convicted.' 'The defendant is ordered to pay a fine of $225,000.00 (reduced from $300,000.00 for early plea).' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine is to be paid to the prosecutor.' "Pursuant to s 257B of the Criminal Procedure Act 1986 (NSW), the defendant is to pay...