SafeWork NSW v Steggles Pty Ltd [2024] NSWDC 217

SafeWork NSW v Steggles Pty Ltd [2024] NSWDC 217

Steggles breached its work health and safety duty by failing to ensure, so far as reasonably practicable, worker safety around the Conveyor Line and Hock Cutter, where the absence of adequate guarding and interlocked barriers exposed Mr Gatabishwa to a risk of death or serious injury. The Court found beyond reasonable doubt that the risk included death, but not that the risk was obvious or that more than one person was exposed on the charged date. Taking into account low-range culpability, the seriousness of the injury, the availability of straightforward guarding measures, the need for deterrence, strong mitigating factors, remorse, cooperation, no prior WHS convictions, and the guilty...

Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Criminal Prosecution for Breach of Work Health and Safety Duty Contrary to S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty
Outcome
Steggles Pty Ltd was convicted and fined $160,000 after a 20% discount for its plea of guilty; it was also ordered to pay the prosecutor's costs and 50% of the fine was ordered to be paid to the prosecutor.
Legal Topics
['failure to Comply With Work Health and Safety Duty' 'risk of Death or Serious Injury' 'poultry Processing Plant Machinery' 'objective Seriousness' 'disputed Facts on Sentence' 'plea of Guilty Discount' 'general Deterrence' 'specific Deterrence' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['failure to Comply With Work Health and Safety Duty' 'risk of Death or Serious Injury' 'poultry Processing Plant Machinery' 'objective Seriousness' 'disputed Facts on Sentence' 'plea of Guilty Discount' 'general Deterrence' 'specific Deterrence' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Breach of Work Health and Safety Duty Contrary to S 32 of the Work Health and Safety Act 2011 (nsw) / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether the pleaded risk was obvious' 'Whether more than one person was exposed to the pleaded risk on 6 October 2020' 'Whether there was a risk of death, not merely serious injury' 'What fine was appropriate having regard to objective seriousness, deterrence, aggravating and mitigating factors, plea of guilty, and capacity to pay' 'Whether costs should be ordered in favour of the prosecutor']

Ratio Decidendi

Steggles breached its work health and safety duty by failing to ensure, so far as reasonably practicable, worker safety around the Conveyor Line and Hock Cutter, where the absence of adequate guarding and interlocked barriers exposed Mr Gatabishwa to a risk of death or serious injury. The Court found beyond reasonable doubt that the risk included death, but not that the risk was obvious or that more than one person was exposed on the charged date. Taking into account low-range culpability, the seriousness of the injury, the availability of straightforward guarding measures, the need for deterrence, strong mitigating factors, remorse, cooperation, no prior WHS convictions, and the guilty...

Court Disposition

Steggles Pty Ltd was convicted and fined $160,000 after a 20% discount for its plea of guilty; it was also ordered to pay the prosecutor's costs and 50% of the fine was ordered to be paid to the prosecutor.

Orders

  • ['Steggles Pty Ltd is convicted.' 'The appropriate fine is $200,000 but that will be reduced by 20% to reflect the plea of guilty.' 'Order Steggles Pty Ltd to pay a fine of $160,000.' '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 Steggles...