Safe Work NSW v Christopher Michael Butler; Safe Work NSW v Edgesafe Pty Ltd [2018] NSWDC 60

Safe Work NSW v Christopher Michael Butler; Safe Work NSW v Edgesafe Pty Ltd [2018] NSWDC 60

Both offenders failed in their respective health and safety duties by not properly ensuring and testing that the edge protection system was secure, resulting in exposing a worker to risk of death or serious injury. The appropriate penalty took into account the objective seriousness, substantial harm, need for deterrence, mitigating factors including guilty plea and remorse, and the offenders' limited capacity to pay.

Jurisdiction
Australia
Judgment Date
26 March 2018
Procedural Posture
Criminal / Sentence
Outcome
Offenders convicted and fined.
Legal Topics
['work Health and Safety Offence' 'plea of Guilty' 'risk of Death or Serious Injury' 'sentence' 'mitigating Factors' 'aggravating Factors' 'fine' 'capacity to Pay' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'appropriate Penalty' 'sentence Principles' 'parity' 'totality' 'community Values' 'remorse' 'contrition' 'prospects of Rehabilitation']
['criminal Law' 'work Health and Safety'] ['work Health and Safety Offence' 'plea of Guilty' 'risk of Death or Serious Injury' 'sentence' 'mitigating Factors' 'aggravating Factors' 'fine' 'capacity to Pay' 'objective Seriousness' 'specific Deterrence' 'general Deterrence' 'appropriate Penalty' 'sentence Principles' 'parity' 'totality' 'community Values' 'remorse' 'contrition' 'prospects of Rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether Edgesafe Pty Ltd and Christopher Michael Butler failed to comply with their health and safety duties and thereby exposed a worker to risk of death or serious injury contrary to the Work Health and Safety Act 2011 s 32.' 'Appropriate penalty, including consideration of mitigating and aggravating factors, capacity to pay, deterrence, and objective seriousness.']

Ratio Decidendi

Both offenders failed in their respective health and safety duties by not properly ensuring and testing that the edge protection system was secure, resulting in exposing a worker to risk of death or serious injury. The appropriate penalty took into account the objective seriousness, substantial harm, need for deterrence, mitigating factors including guilty plea and remorse, and the offenders' limited capacity to pay.

Court Disposition

Offenders convicted and fined.

Orders

  • ['Edgesafe Pty Ltd is convicted.' 'A fine of $75,000 is imposed against Edgesafe Pty Ltd.' 'Christopher Michael Butler is convicted.' 'A fine of $5,500 is imposed against Christopher Michael Butler.' 'Pursuant to section 122(2) Fines Act 1996, 50% of the fine in respect of each offender is to be paid to the...