SafeWork NSW v Voltex Trading Pty Ltd

Link copied
Case Copied 15 min read

District Court


New South Wales

Medium Neutral Citation: SafeWork NSW v Voltex Trading Pty Ltd [2023] NSWDC 129
Hearing dates: 26 April 2023
Date of orders: 01 May 2023
Decision date: 01 May 2023
Jurisdiction:Criminal
Before: Scotting DCJ
Decision:

1   Voltex Trading Pty Ltd is convicted.

2   I impose a fine of $180,000.

3   The offender is to pay the prosecutor’s costs of the proceedings, as agreed or assessed.

4 I order 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 workers

SENTENCING - deterrence - aggravating factors - mitigating factors – appropriate penalty

SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999

Fines Act 1996

Work Health and Safety Act 2011 (NSW)

Work Health and Safety Regulation 2017

Cases Cited:

Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37

R v Borkowski (2009) 195 A Crim R 1

R v Thomson & Houlton (2000) 49 NSWLR 383

R v Youkhana [2004] NSWCCA 412

SafeWork NSW v Advanced Roofing Sydney Pty Ltd [2022] NSWDC 407

SafeWork NSW v Empire Contracting Pty Ltd [2022] NSWDC 437

SafeWork NSW v Evolve Roofing Pty Ltd [2023] NSWDC 75

SafeWork NSW v Leda Form Group Pty Ltd [2022] NSWDC 524

SafeWork NSW v LJW Solar Pty Ltd [2022] NSWDC 526

SafeWork NSW v McInerney Enterprises Pty Ltd

SafeWork NSW v Parrish Group NSW Pty Ltd [2023] NSWDC 13

SafeWork NSW v PCW Constructions Pty Ltd & Peter James Woodhouse [2022] NSWDC 290

SafeWork NSW v Taylor McInerney [2023] NSWDC 56

Texts Cited:

SafeWork NSW, Code of Practice Managing the Risks of Falls at Workplaces dated August 2019

SafeWork NSW, Falls through skylights and plastic roof sheeting dated 14 September 2018

SafeWork Australia, Safe work on roofs dated January 2016

SafeWork NSW Video Safety Alert, Solar safety – How to manage the risk of falls dated 5 February 2020

Category:Sentence
Parties: SafeWork NSW (Prosecutor)
Voltex Trading Pty Ltd (Defendant)
Representation:

Counsel:
A Mykkeltvedt (Prosecutor)

Solicitors:
Legal, Department of Customer Service (Prosecutor)
YS Lawyers (Defendant)
File Number(s): 2022/144506
Publication restriction: None

JUDGMENT

  1. Voltex Trading 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), that it failed to comply with the health and safety duty it owed pursuant to s 19(1) of the Act and thereby exposed Mohamed Amine Ouchenir and Ibrahim Kamara to a risk of death or serious injury.

  2. The maximum penalty for the offence is a fine of $1.5 million.

Facts

  1. The parties tendered an Agreed Statement of Facts that can be summarised as follows.

Background

  1. The offender operates a business installing…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read SafeWork NSW v Voltex Trading 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
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2023] NSWDC 129
Decision Date

CaseChat Overview and Summary

The case of SafeWork NSW v Voltex Trading Pty Ltd was brought before the court, where Voltex Trading Pty Ltd was prosecuted for breaches of work health and safety laws, leading to injuries sustained by workers. The court was tasked with determining the appropriate penalties for the breaches committed by the company. The legal issues centred on whether the company had adequately fulfilled its duty under work health and safety laws to ensure the safety of its employees, and if so, what the appropriate penalty should be given the circumstances of the case.

The court examined whether the company had a duty to ensure that reasonable steps were taken to prevent the risk of death or serious injury to its workers, and whether the injuries sustained by the workers were a direct result of the company's failure to meet this duty. Additionally, the court had to consider the principles of sentencing, including deterrence, aggravating and mitigating factors, and the prospects of rehabilitation. The company pleaded guilty, which was taken into account as a mitigating factor, along with the company's lack of prior convictions, its demonstrated remorse, and its cooperation with law enforcement authorities.

In determining the penalty, the court took into account the severity of the injuries sustained by the workers, the extent to which the company had failed in its duty, and the potential deterrent effect of the penalty on the company and others in the industry. The court concluded that a significant fine was necessary to achieve the objectives of punishment, deterrence, and rehabilitation. The court imposed a fine of $180,000, ordered the company to pay the prosecutor’s costs, and mandated that 50% of the fine be paid to the prosecutor. This decision reflects the court's commitment to upholding work health and safety standards and ensuring that companies are held accountable for their breaches.

Orders

Orders of the court

1 Voltex Trading Pty Ltd is convicted.

2 I impose a fine of $180,000.

3 The offender is to pay the prosecutor’s costs of the proceedings, as agreed or assessed.

4 I order 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

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.