District Court
New South Wales
Medium Neutral Citation: SafeWork NSW v Richard Crookes Constructions Pty Ltd [2024] NSWDC 584 Hearing dates: 29 November 2024 Date of orders: 12 December 2024 Decision date: 12 December 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Richard Crookes Constructions Pty Ltd is convicted.
(2) The appropriate fine is $200,000 but that will be reduced by 25% to reflect the early plea of guilty.
(3) Order Richard Crookes Constructions Pty Ltd to pay a fine of $150,000.
(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.
(5) Order Richard Crookes Constructions Pty Ltd to pay the prosecutor’s costs agreed in the amount of $75,000.
Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury
SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty
COSTS – prosecution costs
OTHER – fall from height – formwork – inadequately covered penetrations – failure to maintain exclusion zones – penetration cover gave way – worker fell through penetration
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22
Fines Act 1996 (NSW), ss 6, 122
Work Health and Safety Act 2011 (NSW), ss 3, 19, 32
Work Health and Safety Regulation 2017 (NSW) Pt 4
Cases Cited: Baumer v R [1988] HCA 67; (1988) 166 CLR 51
Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338
Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610
DPP v Gregory [2011] VSCA 145; (2011) 34 VR 1
Green v The Queen [2011] HCA 49; (2011) 244 CLR 462
Jimmy v The Queen [2010] NSWCCA 60; (2010) 77 NSWLR 540
Mahdi Jahandideh v The Queen [2014] NSWCCA 178
Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Wilkinson (No. 5) [2009] NSWSC 432
Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266
SafeWork NSW v G&Z Form Group Pty Ltd [2023] NSWDC 177
Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465
WorkCover Authority (Inspector Howard) v Baulderstone Hornibrook Pty Limited [2009] NSWIRComm 92; (2009) 186 IR 125
WorkCover Authority of NSW (Inspector Carmody) v Consolidated Constructions Pty Limited [2001] NSWIR Comm 263; (2001) 109 IR 316
Texts Cited: SafeWork NSW Code of Practice, Construction Work, August 2019
SafeWork NSW Code of Practice, Managing the Risk of Falls at the Workplaces,…
Keep reading for free
Create a free CaseChat account to read SafeWork NSW v Richard Crookes Constructions Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NSWDC 584
- Decision Date
CaseChat Overview and Summary
The court found that the incident had resulted in a serious risk of death or serious injury to the worker and that the company had breached its duty under the relevant legislation. The company’s early guilty plea was a mitigating factor, but the court also considered the need for general and specific deterrence, as well as the company’s capacity to pay an appropriate penalty. The court determined that a fine of $200,000 was appropriate, but reduced it by 25% to reflect the early plea of guilty, resulting in a fine of $150,000. The court also ordered that 50% of the fine be paid to the prosecutor and that the company pay the prosecutor’s costs of $75,000.
The court’s reasoning was based on the objective seriousness of the contravention, the need for general and specific deterrence, and the mitigating and aggravating factors. The company’s early guilty plea was a significant mitigating factor, but the court also considered the need to ensure that the penalty was sufficient to deter the company and others from engaging in similar conduct in the future. The court determined that the fine should be reduced by 25% to reflect the early plea of guilty, but that the company should still pay a substantial penalty. The court also ordered that 50% of the fine be paid to the prosecutor and that the company pay the prosecutor’s costs, which were agreed upon in the amount of $75,000.
The final orders of the court were that Richard Crookes Constructions Pty Ltd be convicted, that a fine of $150,000 be imposed, that 50% of the fine be paid to the prosecutor, and that the company pay the prosecutor’s costs of $75,000. The court’s decision reflects the importance of enforcing work health and safety legislation and holding companies accountable for breaches that result in serious risks to workers.
Orders
Orders of the court
(1) Richard Crookes Constructions Pty Ltd is convicted.
(2) The appropriate fine is $200,000 but that will be reduced by 25% to reflect the early plea of guilty.
(3) Order Richard Crookes Constructions Pty Ltd to pay a fine of $150,000.
(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.
(5) Order Richard Crookes Constructions Pty Ltd to pay the prosecutor’s costs agreed in the amount of $75,000.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.