SafeWork NSW v Tyne ACFS Pty Ltd [2022] NSWDC 609

SafeWork NSW v Tyne ACFS Pty Ltd [2022] NSWDC 609

The defendant breached its duty under the Work Health and Safety Act 2011 (NSW) by failing to implement adequate controls to separate pedestrians from operational forklifts, exposing Mr Ho to a foreseeable and serious risk of death or injury. The offence is objectively serious given the grave potential consequences and the availability of simple mitigation measures, warranting a significant penalty subject to a discount for a guilty plea.

Parties
Prosecutor: SafeWork NSW; Defendant: Tyne ACFS Pty Ltd
Jurisdiction
Australia
Judgment Date
07 December 2022
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
The defendant is convicted and fined, with further orders as to costs and apportionment of the fine.
Legal Topics
Workplace Safety, Prosecution of Business, Risk of Death or Injury, Mitigation and Aggravation, Sentencing Discounts, Prosecutor's Costs
Criminal Law Work Health and Safety Workplace Safety Prosecution of Business Risk of Death or Injury Mitigation and Aggravation Sentencing Discounts Prosecutor's Costs

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Parties

SafeWork NSW

Prosecutor

Tyne ACFS Pty Ltd

Defendant

Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether Tyne ACFS Pty Ltd failed to comply with its work health and safety duty, exposing a worker to risk of serious injury or death
  2. 2 Appropriate penalty for breach of duty resulting in fatality

Ratio Decidendi

The defendant breached its duty under the Work Health and Safety Act 2011 (NSW) by failing to implement adequate controls to separate pedestrians from operational forklifts, exposing Mr Ho to a foreseeable and serious risk of death or injury. The offence is objectively serious given the grave potential consequences and the availability of simple mitigation measures, warranting a significant penalty subject to a discount for a guilty plea.

Court Disposition

The defendant is convicted and fined, with further orders as to costs and apportionment of the fine.

Orders

  • The defendant is convicted.
  • The appropriate fine for the offence is $400,000.00, reduced by 25% for the plea of guilty.