Safe Work NSW v Christopher Michael Butler; Safe Work NSW v Edgesafe Pty Ltd
Case
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[2018] NSWDC 60
•26 March 2018
Details
AGLC
Case
Decision Date
Safe Work NSW v Christopher Michael Butler; Safe Work NSW v Edgesafe Pty Ltd [2018] NSWDC 60
[2018] NSWDC 60
26 March 2018
CaseChat Overview and Summary
Safe Work NSW brought proceedings against Christopher Michael Butler and Edgesafe Pty Ltd in relation to work health and safety offences. The case was heard by the court, which needed to determine several legal issues. These included the appropriate sentence for the offenders, considering mitigating and aggravating factors, and the capacity of the offenders to pay the fines imposed. The court also needed to consider the objective seriousness of the offence, the need for specific and general deterrence, and community values in setting the appropriate penalty.
The court found the defendants guilty of the work health and safety offences and imposed fines. The court took into account various mitigating and aggravating factors, the offenders' capacity to pay, and the objective seriousness of the offence in determining the appropriate penalty. The court also considered the need for specific and general deterrence, as well as community values in setting the fines. The court ordered that 50% of the fine in respect of each offender be paid to the prosecutor and that the offenders pay the prosecutor's costs as agreed or assessed in the case.
The court's reasoning and outcome reflect the principles of sentencing in Australian criminal law. The court imposed a fine of $75,000 against Edgesafe Pty Ltd and a fine of $5,500 against Christopher Michael Butler. The court also ordered that 50% of the fine in respect of each offender be paid to the prosecutor and that the offenders pay the prosecutor's costs as agreed or assessed in the case.
The final orders of the court are that the offenders are convicted, a fine of $75,000 is imposed against Edgesafe Pty Ltd, a fine of $5,500 is imposed against Christopher Michael Butler, 50% of the fine in respect of each offender is to be paid to the prosecutor, and the offenders are to pay the prosecutor's costs as agreed or assessed in the case.
The court found the defendants guilty of the work health and safety offences and imposed fines. The court took into account various mitigating and aggravating factors, the offenders' capacity to pay, and the objective seriousness of the offence in determining the appropriate penalty. The court also considered the need for specific and general deterrence, as well as community values in setting the fines. The court ordered that 50% of the fine in respect of each offender be paid to the prosecutor and that the offenders pay the prosecutor's costs as agreed or assessed in the case.
The court's reasoning and outcome reflect the principles of sentencing in Australian criminal law. The court imposed a fine of $75,000 against Edgesafe Pty Ltd and a fine of $5,500 against Christopher Michael Butler. The court also ordered that 50% of the fine in respect of each offender be paid to the prosecutor and that the offenders pay the prosecutor's costs as agreed or assessed in the case.
The final orders of the court are that the offenders are convicted, a fine of $75,000 is imposed against Edgesafe Pty Ltd, a fine of $5,500 is imposed against Christopher Michael Butler, 50% of the fine in respect of each offender is to be paid to the prosecutor, and the offenders are to pay the prosecutor's costs as agreed or assessed in the case.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Fines
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Prosecutor's Costs
Actions
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Citations
Safe Work NSW v Christopher Michael Butler; Safe Work NSW v Edgesafe Pty Ltd [2018] NSWDC 60
Most Recent Citation
SafeWork NSW v Bermagui Constructions Pty Ltd [2024] NSWDC 604
Cases Citing This Decision
10
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[2024] NSWDC 604
SafeWork NSW v Metro Crane Services Pty Limited
[2023] NSWDC 144
SafeWork NSW v Evolve Roofing Pty Ltd
[2023] NSWDC 75
Cases Cited
7
Statutory Material Cited
3
Bulga Underground Operations Pty Ltd v Nash
[2016] NSWCCA 37
R v Youkhana
[2004] NSWCCA 412
Simkhada v R
[2010] NSWCCA 284