SafeWork NSW v Rahme Civil Pty Ltd; SafeWork NSW v Rabih Rahme

SafeWork NSW prosecuted both a corporation and an individual for breaches of work health and safety legislation. The case was heard in the Local Court of New South Wales. The prosecution alleged that the defendants had failed to adequately manage risks associated with their business activities, leading to circumstances that posed a significant risk of death or serious injury. The defendants were charged under the relevant work health and safety act.

The court needed to determine the appropriate penalties for the breaches, considering the objective seriousness of the offences, any mitigating or aggravating factors, and the defendants' pleas of guilty. The court also had to consider the utility of the pleas in determining the sentence, as well as the principles of general and specific deterrence and the defendants' expressions of remorse and contrition. Additionally, the court had to decide on the financial penalties and costs associated with the prosecution.

After considering the evidence and arguments, the court found both defendants guilty. The corporate defendant was fined $500,000, but this was reduced by 20% due to the court's discretion under the Fines Act 1996, resulting in a final fine of $400,000. Half of this fine was directed to the prosecutor, and the corporate defendant was also ordered to pay the prosecutor’s costs. The individual defendant was fined $100,000, reduced by 50% due to the court's discretion, resulting in a final fine of $50,000. Again, half of this fine was directed to the prosecutor, and the individual defendant was ordered to pay the prosecutor’s costs.

The court made specific orders regarding the fines and costs, including the amount of the fines, the reductions applied, and the distribution of the fines between the prosecutor and the defendants. The court also ordered the defendants to pay the prosecutor’s costs as agreed or assessed.