SafeWork NSW v South Coast Under Road Borers Pty Ltd [2021] NSWDC 314

SafeWork NSW v South Coast Under Road Borers Pty Ltd [2021] NSWDC 314

South Coast Under Road Borers Pty Ltd failed to have adequate safety systems, risk assessments, procedures, and training in place for heavy vehicle maintenance, leading to the death of a worker. The objective seriousness, existence of aggravating and mitigating factors, and general deterrence warranted conviction...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 July 2021
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Conviction and fine imposed
Legal Topics
['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'death of Worker' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'capacity to Pay a Fine' 'appropriate Penalty' 'sentencing Principles' 'remorse' 'plea of Guilty' 'assistance to Law Enforcement Authorities']
['criminal Law' 'work Health and Safety Law'] ['duty of Persons Undertaking Business' 'duty of Employers' 'risk of Death or Serious Injury' 'death of Worker' 'objective Seriousness' 'deterrence' 'aggravating Factors' 'mitigating Factors' 'capacity to Pay a Fine' 'appropriate Penalty' 'sentencing Principles' 'remorse' 'plea of Guilty' 'assistance to Law Enforcement Authorities']

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Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['Whether the defendant failed to comply with its health and safety duty resulting in exposure to risk of death or serious injury in contravention of s 32 Work Health and Safety Act 2011' 'Appropriate penalty to be imposed given the objective seriousness, aggravating and mitigating factors, and capacity to pay']

Ratio Decidendi

South Coast Under Road Borers Pty Ltd failed to have adequate safety systems, risk assessments, procedures, and training in place for heavy vehicle maintenance, leading to the death of a worker. The objective seriousness, existence of aggravating and mitigating factors, and general deterrence warranted conviction and a substantial fine, reduced by 25% for the plea of guilty.

Court Disposition

Conviction and fine imposed

Orders

  • ['South Coast Under Road Borers Pty Ltd is convicted.' 'A fine of $375,000 is imposed.' "The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed." '50% of the fine is to be paid to the prosecutor pursuant to s 122(2) Fines Act 1996.']