District Court
New South Wales
Medium Neutral Citation: SafeWork NSW v Laggner Constructions Pty Ltd [2024] NSWDC 204 Hearing dates: 29 May 2024 Date of orders: 03 June 2024 Decision date: 03 June 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Laggner Constructions Pty Ltd is convicted.
2 I impose a fine of $75,000.
3 The offender is to pay the prosecutor’s costs of the proceedings, as agreed or assessed.
4 I order that pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.
Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker
SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty
SENTENCING PRINCIPLES - no record of previous convictions – good corporate citizen - good prospects of rehabilitation - remorse - plea of guilty
Legislation Cited: Crimes (Sentencing Procedure) Act 1999
Fines Act 1996
Work Health and Safety Act 2011 (NSW)
Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37
Jahandideh v R [2014] NSWCCA 178
R v Borkowski (2009) 195 A Crim R 1
Category: Sentence Parties: SafeWork NSW (Prosecutor)
Laggner Constructions Pty Ltd (Offender)Representation: Counsel:
Solicitors:
S McGee (Prosecutor)
B Rauf (Offender)
Legal, Department of Customer Service (Prosecutor)
Sparke Helmore Lawyers (Offender)
File Number(s): 2023/168140 Publication restriction: None
JUDGMENT
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Laggner Constructions Pty Ltd (the offender) appears for sentence after pleading guilty to an offence under s 32 of the Work Health and Safety Act 2011 (NSW) (the Act) in that it failed to ensure the health and safety of workers at work in the business or undertaking, pursuant to s 19(1) of the Act and thereby exposed Taejun Park to a risk of death or serious injury.
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The maximum penalty for the offence is a fine of 17,315 penalty units ($1,904,650).
Facts
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The parties have presented an Agreed Statement of Facts. I have taken the entirety of this document into account in coming to an appropriate sentence. What follows is a brief summary of the facts relevant to the offender to permit an understanding of the sentence imposed.
Background
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The offender was a registered corporation which undertook building and construction of residential homes and commercial buildings.
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Stephen Laggner was the sole director and company secretary of the offender. He was also responsible for supervising, coordinating trades, office duties and trade work on site.
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On 26 September 2020, the offender entered into a contract with the owners of a residential property in Murrumbateman, New South Wales (the site) to build an upper floor extension to their existing home (the project). The value of the contract was $133,609.00. The scope of the works included the construction of a spiral metal staircase, wall framings, roof works, plaster lining…
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- Case
- [2024] NSWDC 204
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved determining whether Laggner Constructions breached its duty as an employer under the relevant work health and safety legislation and, if so, what penalty should be imposed. The court had to assess the objective seriousness of the breach, the need for deterrence, and the mitigating factors presented by the defendant. Sentencing principles considered included the company's prior record, its corporate citizenship, prospects of rehabilitation, expression of remorse, and the early guilty plea.
The court found that Laggner Constructions was in breach of its duty, resulting in the conviction. In considering the penalty, the court evaluated various factors. Notably, the company had no previous convictions, it was deemed a good corporate citizen with good prospects for rehabilitation, and it expressed remorse. The early guilty plea was also a significant mitigating factor. The court imposed a fine of $75,000, ordered the company to pay the prosecutor's costs, and mandated that half of the fine be paid to the prosecutor under section 122(2) of the Fines Act 1996.
The court's orders were clear and definitive, ensuring that Laggner Constructions was held accountable for its failings while also taking into consideration the mitigating factors presented. The fine imposed was substantial enough to serve as a deterrent, while the payment of costs and half of the fine to the prosecutor reflected the seriousness of the breach and the need for rehabilitation and deterrence.
Orders
Orders of the court
1 Laggner Constructions Pty Ltd is convicted.
2 I impose a fine of $75,000.
3 The offender is to pay the prosecutor’s costs of the proceedings, as agreed or assessed.
4 I order that pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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