Safe Work NSW v Modern Touch Marble and Granite Pty Ltd; Safe Work NSW v Johnne Khouri [2018] NSWDC 20

Safe Work NSW v Modern Touch Marble and Granite Pty Ltd; Safe Work NSW v Johnne Khouri [2018] NSWDC 20

Modern Touch Marble and Granite Pty Ltd and its director Johnne Khouri breached their health and safety duties by failing to conduct an adequate risk assessment or implement control measures, thereby exposing an employee to serious risk; both were convicted, with fines reduced for mitigating factors, including pleas of guilty, remorse, rehabilitation prospects, and capacity to pay.

Parties
Prosecutor: Safe Work NSW; Offender: Modern Touch Marble and Granite Pty Ltd; Offender: Johnne Khouri
Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Criminal / Sentence
Outcome
Convictions entered for both offenders. Fines imposed, orders for costs and payments to prosecutor as set out.
Legal Topics
Work Health and Safety Duties, Duty of Employers, Duty of Officers, Risk of Death or Serious Injury, Sentencing, Mitigating Factors, Aggravating Factors, Fine, Capacity to Pay, Objective Seriousness, Specific Deterrence, General Deterrence, Penalty, Prosecution Costs
Criminal Law Work Health and Safety Work Health and Safety Duties Duty of Employers Duty of Officers Risk of Death or Serious Injury Sentencing Mitigating Factors +8 more

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Parties

Safe Work NSW

Prosecutor

Modern Touch Marble and Granite Pty Ltd

Offender

Johnne Khouri

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether the defendants breached their work health and safety duties under the Work Health and Safety Act 2011 by exposing an employee to risk of death or serious injury
  2. 2 Appropriate penalties and sentencing considerations for breaches under s 32 and s 43 of the Act

Ratio Decidendi

Modern Touch Marble and Granite Pty Ltd and its director Johnne Khouri breached their health and safety duties by failing to conduct an adequate risk assessment or implement control measures, thereby exposing an employee to serious risk; both were convicted, with fines reduced for mitigating factors, including pleas of guilty, remorse, rehabilitation prospects, and capacity to pay.

Court Disposition

Convictions entered for both offenders. Fines imposed, orders for costs and payments to prosecutor as set out.

Orders

  • Modern Touch Marble and Granite Pty Ltd is convicted.
  • A fine of $75,000 imposed on Modern Touch Marble and Granite Pty Ltd.