District Court
New South Wales
Medium Neutral Citation: SafeWork NSW v Steggles Pty Ltd [2024] NSWDC 217 Hearing dates: 4 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Steggles Pty Ltd is convicted.
(2) The appropriate fine is $200,000 but that will be reduced by 20% to reflect the plea of guilty.
(3) Order Steggles Pty Ltd to pay a fine of $160,000.
(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 Steggles Pty Ltd to pay the prosecutor’s costs.
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 – poultry processing plant – conveyor line – blade – hock cutter – worker reattached chicken to conveyor line – hand caught – hand severed by blade
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) cl 208
Cases Cited: Alameddine v R [2020] NSWCCA 232
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
Filippou v The Queen [2015] HCA 29; (2015) 256 CLR 47
KMC v Director of Public Prosecutions (SA) [2020] HCA 6; (2020) 267 CLR 480
Leach v The Queen [2007] HCA 3; (2007) 230 CLR 1
MahdiJahandideh v The Queen [2014] NSWCCA 178
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
R v Kirkland [2005] NSWCCA 130
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Olbrich [1999] HCA 54; (1999) 199 CLR 270
R v Wilkinson (No. 5) [2009] NSWSC 432
Strbak v The Queen [2020] HCA 10; (2020) 267 CLR 494
Texts Cited: Australian/New Zealand Standard AS/NZS 4801 – Occupational Health and Safety Management Systems, 2001
Australian Standard AS 4024.1801-2014 – Safety of…
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- AGLC
- SafeWork NSW v Steggles Pty Ltd [2024] NSWDC 217
- Case
- [2024] NSWDC 217
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether Steggles Pty Ltd had breached its duty under the work health and safety legislation to ensure the health and safety of its workers. Specifically, it had to consider whether the company had failed to ensure that the risk of death or serious injury was minimised. The court also needed to decide on an appropriate penalty for the breach, taking into account the objective seriousness of the offence, the plea of guilty, and other mitigating and aggravating factors.
The court found Steggles Pty Ltd guilty, noting the severity of the injury and the clear breach of safety protocols. It considered the plea of guilty as a mitigating factor, reducing the fine by 20%. The court emphasised the importance of general and specific deterrence in setting the penalty, alongside the company's capacity to pay. As a result, the court ordered Steggles Pty Ltd to pay a fine of $160,000, with half of that amount to be paid to the prosecutor, and the remaining costs to be borne by the company.
Orders
Orders of the court
(1) Steggles Pty Ltd is convicted.
(2) The appropriate fine is $200,000 but that will be reduced by 20% to reflect the plea of guilty.
(3) Order Steggles Pty Ltd to pay a fine of $160,000.
(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 Steggles Pty Ltd to pay the prosecutor’s costs.
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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