SafeWork NSW v SLD Projects Pty Ltd [2022] NSWDC 574

SafeWork NSW v SLD Projects Pty Ltd [2022] NSWDC 574

The offender's breach was objectively serious because the risk of falling from roof joists approximately three metres above the floor was obvious and very likely to occur, there was no structure or system in place to prevent the fall, the instructions and safety planning were wholly inadequate, and simple, inexpensive and well-known measures could have prevented the risk. Substantial injuries aggravated the offence, but the offender's lack of prior convictions, rehabilitation steps, remorse, cooperation and guilty plea mitigated penalty, warranting conviction and a fine reduced by 25% for the plea.

Jurisdiction
Australia
Judgment Date
18 November 2022
Procedural Posture
Criminal Prosecution for Offence Under the Work Health and Safety Act 2011 / Sentence After Plea of Guilty
Outcome
SLD Projects Pty Ltd was convicted and fined $180,000 after a 25% reduction for its plea of guilty.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'failure to Comply With Health and Safety Duty' 'risk of Death or Serious Injury' 'fall From Height' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'plea of Guilty']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Persons Conducting a Business or Undertaking' 'failure to Comply With Health and Safety Duty' 'risk of Death or Serious Injury' 'fall From Height' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'plea of Guilty']

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Procedural Posture

Criminal Prosecution for Offence Under the Work Health and Safety Act 2011 / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What penalty should be imposed on SLD Projects Pty Ltd for failing to comply with its work health and safety duty and exposing Mark Prendergast to a risk of death or serious injury.' 'Whether the offence was objectively serious, including by reference to the obvious risk of a fall from height, inadequate instructions, lack of planning and failure to implement simple and known safety measures.' 'What aggravating and mitigating factors applied on sentence, including substantial injury, absence of prior convictions, rehabilitation, remorse, guilty plea and cooperation with SafeWork NSW.']

Ratio Decidendi

The offender's breach was objectively serious because the risk of falling from roof joists approximately three metres above the floor was obvious and very likely to occur, there was no structure or system in place to prevent the fall, the instructions and safety planning were wholly inadequate, and simple, inexpensive and well-known measures could have prevented the risk. Substantial injuries aggravated the offence, but the offender's lack of prior convictions, rehabilitation steps, remorse, cooperation and guilty plea mitigated penalty, warranting conviction and a fine reduced by 25% for the plea.

Court Disposition

SLD Projects Pty Ltd was convicted and fined $180,000 after a 25% reduction for its plea of guilty.

Orders

  • ['SLD Projects Pty Ltd is convicted.' 'The appropriate fine is one of $240,000 which will be reduced by 25% to reflect the plea of guilty.' 'I impose a fine of $180,000.' "The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed." 'I order pursuant to s 122(2) Fines Act 1996 that 50%...