Safe Work NSW v Christopher Michael Butler; Safe Work NSW v Edgesafe Pty Ltd

Case

[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.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

  • Fines

  • Prosecutor's Costs

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Cases Citing This Decision

10

Cases Cited

7

Statutory Material Cited

3

R v Youkhana [2004] NSWCCA 412
Simkhada v R [2010] NSWCCA 284