SafeWork NSW v Thompson [2021] NSWDC 689

SafeWork NSW v Thompson [2021] NSWDC 689

Mr Thompson's failure as an officer to verify and ensure adequate work health and safety processes exposed Mr Al-Shnen to a foreseeable and foreseen risk of death or catastrophic injury from high voltage power lines. The risk existed for months, the consequences were grave, and simple cost-free steps such as directing rectification of inadequate hoarding and ensuring proper risk assessment and warning signs were available. Having regard to upper-half mid-range culpability, substantial harm, deterrence, mitigating factors including no prior convictions, remorse, cooperation and an early guilty plea, the appropriate fine was $40,000 reduced by 25% to $30,000.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence / Sentence After Plea of Guilty
Outcome
Stephen Craig Thompson was convicted and ordered to pay a fine of $30,000, with 50% of the fine payable to the prosecutor, and to pay the prosecutor's costs.
Legal Topics
['duty of Officers' 'risk of Death or Serious Injury' 'electrocution Near Overhead Power Lines' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'parity' 'victim Impact Statement' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Officers' 'risk of Death or Serious Injury' 'electrocution Near Overhead Power Lines' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'capacity to Pay Fine' 'parity' 'victim Impact Statement' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offence / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What penalty should be imposed on Stephen Craig Thompson for failing, as an officer, to exercise due diligence to ensure CBD complied with its work health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW).' 'The objective seriousness and culpability of the offence, including foreseeability of the risk, likely consequences, availability of precautions, and harm caused.' 'The effect of aggravating and mitigating factors, including substantial injury, prior good character, remorse, assistance to authorities, early guilty plea, deterrence, parity and capacity to pay.']

Ratio Decidendi

Mr Thompson's failure as an officer to verify and ensure adequate work health and safety processes exposed Mr Al-Shnen to a foreseeable and foreseen risk of death or catastrophic injury from high voltage power lines. The risk existed for months, the consequences were grave, and simple cost-free steps such as directing rectification of inadequate hoarding and ensuring proper risk assessment and warning signs were available. Having regard to upper-half mid-range culpability, substantial harm, deterrence, mitigating factors including no prior convictions, remorse, cooperation and an early guilty plea, the appropriate fine was $40,000 reduced by 25% to $30,000.

Court Disposition

Stephen Craig Thompson was convicted and ordered to pay a fine of $30,000, with 50% of the fine payable to the prosecutor, and to pay the prosecutor's costs.

Orders

  • ['Stephen Craig Thompson was convicted on 15 December 2021.' 'The appropriate fine is $40,000 but that will be reduced by 25% to reflect the early plea of guilty.' 'Order Stephen Craig Thompson to pay a fine of $30,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid...