SafeWork NSW v Technical Works Pty Ltd

Case [2022] NSWDC 454


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: SafeWork NSW v Technical Works Pty Ltd [2022] NSWDC 454
Hearing dates: 30 September 2022
Date of orders: 7 October 2022
Decision date: 07 October 2022
Jurisdiction:Criminal
Before: Russell SC DCJ
Decision:

In District Court proceedings 2021/134964 (s 19(1) Summons):

(1)   Technical Works Pty Ltd was convicted on 30 September 2022.

(2)   The appropriate fine is $200,000 but that will be reduced by 25% to reflect the early plea of guilty.

(3)   Order Technical Works 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 Technical Works Pty Ltd to pay the prosecutor’s costs.

In District Court proceedings 2021/134979 (s 19(2) Summons):

(1)   Technical Works Pty Ltd was convicted on 30 September 2022.

(2)   The appropriate fine is $20,000 but that will be reduced by 25% to reflect the early plea of guilty.

(3)   Order Technical Works Pty Ltd to pay a fine of $15,000.

(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 Technical Works 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 - victim impact statement - totality

COSTS – prosecution costs

OTHER – defendant conducted a business or undertaking involving the management of construction projects – pack of formwork timbers fell from tower crane onto road and pedestrian footpath – timber struck the ground and ricocheted into worker – failure to maintain and enforce adequate exclusion zone – failure to develop, implement and maintain a lift plan for tower crane lifting operations – failure to provide information and instruction to workers – failure to provide warning signs to inform pedestrians – failure to provide traffic control to separate pedestrians from crane operations

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22, 27, 28, 30A, 30B, 30D, 30E

Fines Act 1996 (NSW), ss 6, 122

Work Health and Safety Act 2011 (NSW), ss 3, 19, 32, 33

Work Health and Safety Regulation 2017 cll 39, 54, 55, 314

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

BW v R [2011] NSWCCA 176

Camilleri’s Stock Feeds Pty Ltd v EPA (1993) 32 NSWLR 683

Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610

EPA v Barnes [2006] NSWCCA 246

Johnson v The Queen [2004] HCA 15; (2004) 78 ALJR 616

Mahdi Jahandideh v The Queen [2014] NSWCCA…

Details
AGLC
SafeWork NSW v Technical Works Pty Ltd [2022] NSWDC 454
Case
[2022] NSWDC 454
Decision Date

CaseChat Overview and Summary

In the matter of SafeWork NSW v Technical Works Pty Ltd, the District Court of New South Wales was tasked with addressing serious breaches of work health and safety regulations by the defendant company. Technical Works Pty Ltd, a corporation involved in the management of construction projects, was prosecuted for failing to maintain an adequate exclusion zone around a tower crane operation, which resulted in a pack of formwork timbers falling from the crane and striking a worker. The incident occurred when the timbers fell from the crane onto a road and pedestrian footpath, causing significant injuries to the worker. The prosecution outlined several serious breaches by the defendant, including inadequate risk management, failure to implement a lift plan for crane operations, lack of proper instruction to workers, and insufficient traffic control and warning signs for pedestrians.

The legal issues before the court included the assessment of the objective seriousness of the breaches, the consideration of mitigating and aggravating factors, and the imposition of a penalty that serves the purposes of general and specific deterrence. The court considered the early plea of guilty as a mitigating factor, reducing the proposed fines by 25%. In determining the appropriate penalty, the court weighed the potential for death or serious injury, the company's capacity to pay, and the impact on the victim. The court also took into account the totality principle, ensuring that the overall penalty reflected the gravity of the breaches.

In its judgment, the District Court found Technical Works Pty Ltd guilty on both charges and imposed fines accordingly. For the more serious charge, the court ordered a fine of $150,000, reduced from $200,000 due to the early plea of guilty. For the lesser charge, the court imposed a fine of $15,000, also reduced from $20,000. Additionally, the court ordered that 50% of each fine be paid to the prosecutor and that the defendant pay the prosecutor’s costs. These penalties were designed to reflect the seriousness of the breaches, deter future occurrences, and provide some measure of compensation to the prosecutor for the costs of the prosecution.

Orders

Orders of the court

In District Court proceedings 2021/134964 (s 19(1) Summons):

(1) Technical Works Pty Ltd was convicted on 30 September 2022.

(2) The appropriate fine is $200,000 but that will be reduced by 25% to reflect the early plea of guilty.

(3) Order Technical Works 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 Technical Works Pty Ltd to pay the prosecutor’s costs.

In District Court proceedings 2021/134979 (s 19(2) Summons):

(1) Technical Works Pty Ltd was convicted on 30 September 2022.

(2) The appropriate fine is $20,000 but that will be reduced by 25% to reflect the early plea of guilty.

(3) Order Technical Works Pty Ltd to pay a fine of $15,000.

(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 Technical Works 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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