SafeWork NSW v Anthony Hanna; and; SafeWork NSW v Milia Hanna [2021] NSWDC 708

SafeWork NSW v Anthony Hanna; and; SafeWork NSW v Milia Hanna [2021] NSWDC 708

Both Milia Hanna, as owner-builder, and Anthony Hanna, as site agent and supervisor, failed to ensure as far as reasonably practicable the health and safety of workers at a construction site, exposing them to a foreseeable risk of death or serious injury. The failure to implement simple, inexpensive control measures such as edge protection, combined with lack of clear site induction and safety documentation, constituted a breach of non-delegable duties under the Work Health and Safety Act 2011 (NSW), warranting conviction and the imposition of significant fines, with a 25% reduction for early guilty pleas. Additional orders for costs and a work health and safety project order were also...

Jurisdiction
Australia
Judgment Date
21 December 2021
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fines imposed for both defendants, with additional costs and project order.
Legal Topics
['work Health and Safety' 'duty of Care' 'risk of Death or Serious Injury' 'sentencing' 'owner Builder Liability' 'objective Seriousness' 'deterrence' 'aggravating and Mitigating Factors' 'capacity to Pay' 'costs Orders' 'whs Project Order']
['criminal Law' 'work Health and Safety'] ['work Health and Safety' 'duty of Care' 'risk of Death or Serious Injury' 'sentencing' 'owner Builder Liability' 'objective Seriousness' 'deterrence' 'aggravating and Mitigating Factors' 'capacity to Pay' 'costs Orders' 'whs Project Order']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Milia Hanna and Anthony Hanna breached their respective health and safety duties under the Work Health and Safety Act 2011 (NSW)' 'Whether the offences warranted conviction and imposition of fines, considering objective seriousness, deterrence, and mitigating/aggravating factors' "Whether the defendants' capacity to pay affected the penalty"]

Ratio Decidendi

Both Milia Hanna, as owner-builder, and Anthony Hanna, as site agent and supervisor, failed to ensure as far as reasonably practicable the health and safety of workers at a construction site, exposing them to a foreseeable risk of death or serious injury. The failure to implement simple, inexpensive control measures such as edge protection, combined with lack of clear site induction and safety documentation, constituted a breach of non-delegable duties under the Work Health and Safety Act 2011 (NSW), warranting conviction and the imposition of significant fines, with a 25% reduction for early guilty pleas. Additional orders for costs and a work health and safety project order were also...

Court Disposition

Conviction and fines imposed for both defendants, with additional costs and project order.

Orders

  • ['The defendant Milia Hanna is convicted.' 'Milia Hanna is fined $150,000.00 (after 25% reduction for early plea).' 'The defendant Anthony Hanna is convicted.' 'Anthony Hanna is fined $75,000.00 (after 25% reduction for early plea).' "The defendants are to pay the prosecutor's costs agreed in the sum of $65,000.00."...