R v Truslan Constructions Pty Ltd [2019] NSWDC 321

R v Truslan Constructions Pty Ltd [2019] NSWDC 321

The offender's failure to ensure health and safety systems adequately guarded against falls from height, despite foreseeable and obvious risks and prior warnings, constituted a serious breach. The available measures to prevent the risk were simple and inexpensive. The offender's duty was non-delegable and their culpability was high, warranting a significant penalty for deterrence and retribution.

Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Conviction; fine imposed; costs ordered.
Legal Topics
['duty of Person Undertaking Business' 'risk of Death or Serious Injury' 'aggravating and Mitigating Factors' 'specific Deterrence' 'general Deterrence']
['criminal Law' 'work Health and Safety'] ['duty of Person Undertaking Business' 'risk of Death or Serious Injury' 'aggravating and Mitigating Factors' 'specific Deterrence' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 ['Failure to comply with work health and safety duty leading to risk of death or serious injury' 'Whether the offender implemented adequate safety systems' 'Assessment of objective seriousness and deterrence in sentencing']

Ratio Decidendi

The offender's failure to ensure health and safety systems adequately guarded against falls from height, despite foreseeable and obvious risks and prior warnings, constituted a serious breach. The available measures to prevent the risk were simple and inexpensive. The offender's duty was non-delegable and their culpability was high, warranting a significant penalty for deterrence and retribution.

Court Disposition

Conviction; fine imposed; costs ordered.

Orders

  • ['The offender is convicted.' 'The appropriate fine is $600,000.00 but reduced by 25% to reflect a plea of guilty.' 'Order the offender to pay a fine of $450,000.00.' 'Order pursuant to s 122(2) of the Fines Act 1996 that 50% of that fine is to be paid to the prosecutor.' 'Order the offender to pay the prosecutors...