SafeWork NSW v Titan Cranes and Rigging Pty Ltd [2019] NSWDC 714

SafeWork NSW v Titan Cranes and Rigging Pty Ltd [2019] NSWDC 714

The offence was of significant objective gravity because the dismantling work was high-risk, the risk of crane failure or collapse was obvious and identified, the offender failed to wait for the road occupancy licence or obtain manufacturer approval for the alternate dismantling method, and the consequences included risk of death and serious injuries to workers. Substantial harm was an aggravating factor, but the offender had no prior convictions, excellent prospects of rehabilitation, demonstrated remorse, co-operated with SafeWork NSW, and was entitled to a 25% discount for its guilty plea. A fine of $520,000 was reduced by 25% to $390,000.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence Under the Work Health and Safety Act 2011 (nsw) / Sentencing After Plea of Guilty
Outcome
The offender was convicted and fined $390,000, and ordered to pay the Prosecutor's agreed costs of $42,000.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'tower Crane Dismantling' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'guilty Plea Discount']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'tower Crane Dismantling' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'aggravating Factors' 'mitigating Factors' 'guilty Plea Discount']

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offence Under the Work Health and Safety Act 2011 (nsw) / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Whether the offender failed to comply with its health and safety duty under section 19(1) of the Work Health and Safety Act 2011 (NSW) and thereby exposed workers to a risk of death or serious injury contrary to section 32 of the Act.' 'What penalty should be imposed having regard to the objective seriousness of the offence, aggravating and mitigating factors, deterrence, remorse, rehabilitation, co-operation and the guilty plea.']

Ratio Decidendi

The offence was of significant objective gravity because the dismantling work was high-risk, the risk of crane failure or collapse was obvious and identified, the offender failed to wait for the road occupancy licence or obtain manufacturer approval for the alternate dismantling method, and the consequences included risk of death and serious injuries to workers. Substantial harm was an aggravating factor, but the offender had no prior convictions, excellent prospects of rehabilitation, demonstrated remorse, co-operated with SafeWork NSW, and was entitled to a 25% discount for its guilty plea. A fine of $520,000 was reduced by 25% to $390,000.

Court Disposition

The offender was convicted and fined $390,000, and ordered to pay the Prosecutor's agreed costs of $42,000.

Orders

  • ['The offender is convicted.' 'I impose a fine of $390,000.' "The offender is to pay the Prosecutor's costs agreed in the sum of $42,000."]