Safe Work NSW v Co-Wynn Building Contractors Pty Ltd [2018] NSWDC 61

Safe Work NSW v Co-Wynn Building Contractors Pty Ltd [2018] NSWDC 61

Co-Wynn Building Contractors Pty Ltd, having pleaded guilty, failed to comply with a health and safety duty, exposing a worker to a risk of death or serious injury, and was sentenced based on the mid-range objective seriousness of the offence, aggravating and mitigating factors, with a penalty reflecting general deterrence and reduced for a late plea.

Jurisdiction
Australia
Judgment Date
26 March 2018
Procedural Posture
Criminal / Sentence
Outcome
Conviction and fine imposed
Legal Topics
['work Health and Safety Offence' 'plea of Guilty' 'risk of Death or Serious Injury' 'mitigating Factors' 'aggravating Factors' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'appropriate Penalty' 'fine' 'parity' 'totality' 'community Values' 'remorse' 'contrition' 'prospects of Rehabilitation' 'victim Impact Statement']
['criminal Law' 'work Health and Safety'] ['work Health and Safety Offence' 'plea of Guilty' 'risk of Death or Serious Injury' 'mitigating Factors' 'aggravating Factors' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'appropriate Penalty' 'fine' 'parity' 'totality' 'community Values' 'remorse' 'contrition' 'prospects of Rehabilitation' 'victim Impact Statement']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Did the offender fail to comply with its health and safety duty under s 19(1) Work Health and Safety Act 2011 and thereby expose Dylan Smith to a risk of death or serious injury contrary to s 32 of the Act?' 'What penalty is appropriate given the objective seriousness and aggravating/mitigating factors?']

Ratio Decidendi

Co-Wynn Building Contractors Pty Ltd, having pleaded guilty, failed to comply with a health and safety duty, exposing a worker to a risk of death or serious injury, and was sentenced based on the mid-range objective seriousness of the offence, aggravating and mitigating factors, with a penalty reflecting general deterrence and reduced for a late plea.

Court Disposition

Conviction and fine imposed

Orders

  • ['The offender is convicted.' 'I impose a fine of $405,000.' 'Pursuant to section 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor.' 'The offender is to pay the prosecutors costs as agreed or assessed.']