SafeWork NSW v The Owners – Strata Plan No 93899 [2024] NSWDC 277

SafeWork NSW v The Owners – Strata Plan No 93899 [2024] NSWDC 277

The defendant, as a person with management or control of the workplace and owner of the common property gate, failed to take simple, no-cost and readily available steps to eliminate or minimise a foreseeable and significant risk that the damaged gate could fall and cause serious injury or death. Although other parties contributed to the risk, the defendant had its own independent duty under the Work Health and Safety Act 2011 (NSW). Its culpability was at the lower end of the mid range, warranting a fine of $300,000 reduced by 25% for the early guilty plea to $225,000, together with agreed prosecution costs.

Jurisdiction
Australia
Judgment Date
11 July 2024
Procedural Posture
Criminal Work Health and Safety Prosecution / Sentence Following Guilty Plea
Outcome
The defendant was convicted and fined $225,000 after a 25% discount for the early guilty plea, with 50% of the fine payable to the prosecutor and prosecution costs of $40,000 ordered.
Legal Topics
['duty of Persons With Management or Control of Workplaces' 'failure to Comply With Work Health and Safety Duty' 'risk of Death or Serious Injury' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'plea of Guilty' 'capacity to Pay Fine' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons With Management or Control of Workplaces' 'failure to Comply With Work Health and Safety Duty' 'risk of Death or Serious Injury' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'plea of Guilty' 'capacity to Pay Fine' 'prosecution Costs']

Case Brief

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Procedural Posture

Criminal Work Health and Safety Prosecution / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["What fine should be imposed for the defendant's contravention of s 32 of the Work Health and Safety Act 2011 (NSW)." 'The objective seriousness and culpability of the offence arising from the damaged gate falling and fatally crushing Mr Martins.' 'The relevance of mitigating and aggravating factors, including guilty plea, remorse, cooperation, prior good character, rehabilitation, deterrence, parity and capacity to pay.' 'Whether part of the fine should be paid to the prosecutor and whether prosecution costs should be ordered.']

Ratio Decidendi

The defendant, as a person with management or control of the workplace and owner of the common property gate, failed to take simple, no-cost and readily available steps to eliminate or minimise a foreseeable and significant risk that the damaged gate could fall and cause serious injury or death. Although other parties contributed to the risk, the defendant had its own independent duty under the Work Health and Safety Act 2011 (NSW). Its culpability was at the lower end of the mid range, warranting a fine of $300,000 reduced by 25% for the early guilty plea to $225,000, together with agreed prosecution costs.

Court Disposition

The defendant was convicted and fined $225,000 after a 25% discount for the early guilty plea, with 50% of the fine payable to the prosecutor and prosecution costs of $40,000 ordered.

Orders

  • ['The Owners – Strata Plan No 93899 was convicted on 5 July 2024.' 'The appropriate fine is $300,000 but that will be reduced by 25% to reflect the early plea of guilty.' 'Order The Owners – Strata Plan No 93899 to pay a fine of $225,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the...