SafeWork NSW v Yan Huai Wu and Zenger (Aust) Pty Ltd [2018] NSWDC 211

SafeWork NSW v Yan Huai Wu and Zenger (Aust) Pty Ltd [2018] NSWDC 211

Both Zenger (Aust) Pty Ltd and Ms Wu failed to comply with their work health and safety duties under the Work Health and Safety Act 2011, thereby exposing a worker to a risk of death or serious injury. The objective seriousness was mitigated by steps taken pre- and post-incident, remorse, and guilty pleas, but substantial harm occurred. Both were convicted and fined, and Ms Wu was subject to a training order and WHS undertaking.

Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Conviction and sentence imposed on both defendants.
Legal Topics
['duty of Employers' 'objective Seriousness' 'general Deterrence' 'mitigating Factors' 'aggravating Factors' 'workplace Injury']
['criminal Law' 'work Health and Safety' 'sentencing'] ['duty of Employers' 'objective Seriousness' 'general Deterrence' 'mitigating Factors' 'aggravating Factors' 'workplace Injury']

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Procedural Posture

Criminal Prosecution / Sentencing

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.' 'The appropriate penalties to impose for the breaches considering the objective seriousness, deterrence, and mitigating/aggravating factors.']

Ratio Decidendi

Both Zenger (Aust) Pty Ltd and Ms Wu failed to comply with their work health and safety duties under the Work Health and Safety Act 2011, thereby exposing a worker to a risk of death or serious injury. The objective seriousness was mitigated by steps taken pre- and post-incident, remorse, and guilty pleas, but substantial harm occurred. Both were convicted and fined, and Ms Wu was subject to a training order and WHS undertaking.

Court Disposition

Conviction and sentence imposed on both defendants.

Orders

  • ['Zenger (Aust) Pty Ltd convicted and fined $60,000 (after 25% discount for plea of guilty).' "Pursuant to section 122(2) Fines Act 1996, 50% of Zenger's fine to be paid to the prosecutor." 'Yan Huai Wu convicted and fined $7,500 (after 25% discount).' "Pursuant to section 122(2) Fines Act 1996, 50% of Wu's fine to...