SafeWork NSW v Williams Pressing and Packaging Services Pty Limited [2018] NSWDC 409

SafeWork NSW v Williams Pressing and Packaging Services Pty Limited [2018] NSWDC 409

Williams breached its work health and safety duty by failing to adequately assess, document, implement, train and supervise systems controlling the foreseeable risk of collision between forklifts and workers, particularly a new and vulnerable contractor worker. Williams controlled the warehouse, the forklift and its driver, and the systems affecting the risk, making it more culpable than Phong. Its culpability was at the low end of the mid-range. After considering the substantial injury, deterrence, mitigating factors, post-incident remedial action, absence of prior convictions, remorse, cooperation, parity, and an early guilty plea, the court fixed an appropriate fine of $80,000, reduced...

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Criminal Prosecution for Work Health and Safety Offence Contrary to S 32 of the Work Health and Safety Act 2011 / Sentence After Plea of Guilty
Outcome
The offender was convicted and fined $60,000 after a 25% discount for the early guilty plea, with 50% of the fine payable to the prosecutor and agreed prosecutor's costs of $20,000 ordered.
Legal Topics
['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'forklift and Pedestrian Collision Risk' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'plea of Guilty' 'parity' 'capacity to Pay Fine' 'prosecution Costs']
['criminal Law' 'work Health and Safety' 'sentencing' 'costs'] ['duty of Persons Conducting a Business or Undertaking' 'risk of Death or Serious Injury' 'forklift and Pedestrian Collision Risk' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'plea of Guilty' 'parity' 'capacity to Pay Fine' 'prosecution Costs']

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Procedural Posture

Criminal Prosecution for Work Health and Safety Offence Contrary to S 32 of the Work Health and Safety Act 2011 / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['Whether Williams failed to comply with its work health and safety duty under s 19 of the Work Health and Safety Act 2011 and thereby exposed Ms Binh-Dieu Tuyen Ta to a risk of death or serious injury contrary to s 32 of the Act.' 'The objective seriousness and culpability of Williams for failing to manage the foreseeable risk of collision between a forklift and workers in the warehouse.' 'The appropriate sentence, including the effect of the early guilty plea, mitigating and aggravating factors, deterrence, parity with Phong, capacity to pay, and costs.']

Ratio Decidendi

Williams breached its work health and safety duty by failing to adequately assess, document, implement, train and supervise systems controlling the foreseeable risk of collision between forklifts and workers, particularly a new and vulnerable contractor worker. Williams controlled the warehouse, the forklift and its driver, and the systems affecting the risk, making it more culpable than Phong. Its culpability was at the low end of the mid-range. After considering the substantial injury, deterrence, mitigating factors, post-incident remedial action, absence of prior convictions, remorse, cooperation, parity, and an early guilty plea, the court fixed an appropriate fine of $80,000, reduced...

Court Disposition

The offender was convicted and fined $60,000 after a 25% discount for the early guilty plea, with 50% of the fine payable to the prosecutor and agreed prosecutor's costs of $20,000 ordered.

Orders

  • ['The offender is convicted.' 'The appropriate fine is $80,000 but that will be reduced by 25% to reflect the plea of guilty.' 'Order the offender to pay a fine of $60,000.' 'Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.' "Order the offender to pay the...