SafeWork NSW v Solveco Pty Ltd (No. 2) [2022] NSWDC 331

SafeWork NSW v Solveco Pty Ltd (No. 2) [2022] NSWDC 331

Solveco's culpability was in the mid range because it knew of and should have foreseen the significant risk created by shredding aerosol cans containing flammable gases near potential ignition sources, the potential consequences were death or serious injury, the risk eventuated in serious burn injuries to Mr Hender, and simple, well-known and reasonably practicable measures were available and accepted. Taking into account general deterrence, some specific deterrence, aggravating injury, mitigating factors including no prior convictions, good character, remorse, cooperation, rehabilitation prospects and a guilty plea warranting a 12.5% discount, the appropriate fine was $240,000 reduced to...

Jurisdiction
Australia
Judgment Date
12 August 2022
Procedural Posture
Criminal Prosecution for Offence Against Work Health and Safety Act 2011 (nsw), S 32 / Sentence After Plea of Guilty
Outcome
Solveco Pty Ltd was convicted, fined $210,000, ordered to pay the prosecutor's costs, and 50% of the fine was ordered to be paid to the prosecutor.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'explosion and Fire From Flammable Gases' 'objective Seriousness' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'explosion and Fire From Flammable Gases' 'objective Seriousness' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Offence Against Work Health and Safety Act 2011 (nsw), S 32 / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What penalty should be imposed on Solveco Pty Ltd for failing to comply with its work health and safety duty and exposing workers to a risk of death or serious injury.' 'The objective seriousness and culpability of the offence, including foreseeability and likelihood of the risk and the availability of reasonably practicable control measures.' 'The significance of aggravating and mitigating factors, including substantial injury, lack of prior convictions, good character, remorse, cooperation and the plea of guilty.' 'The appropriate role of general deterrence and specific deterrence.' 'Whether capacity to pay affected the fine.']

Ratio Decidendi

Solveco's culpability was in the mid range because it knew of and should have foreseen the significant risk created by shredding aerosol cans containing flammable gases near potential ignition sources, the potential consequences were death or serious injury, the risk eventuated in serious burn injuries to Mr Hender, and simple, well-known and reasonably practicable measures were available and accepted. Taking into account general deterrence, some specific deterrence, aggravating injury, mitigating factors including no prior convictions, good character, remorse, cooperation, rehabilitation prospects and a guilty plea warranting a 12.5% discount, the appropriate fine was $240,000 reduced to...

Court Disposition

Solveco Pty Ltd was convicted, fined $210,000, ordered to pay the prosecutor's costs, and 50% of the fine was ordered to be paid to the prosecutor.

Orders

  • ['Solveco Pty Ltd is convicted.' 'The appropriate fine is $240,000 but that will be reduced by 12.5% to reflect the plea of guilty.' 'Order Solveco Pty Ltd to pay a fine of $210,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.' "Order Solveco...