SafeWork NSW v Woods - [2023] NSWDC 510

District Court

New South Wales

Medium Neutral Citation: SafeWork NSW v Woods [2023] NSWDC 510
Hearing dates: 22 November 2023
Date of orders: 22 November 2023
Decision date: 22 November 2023
Jurisdiction: Criminal
Before: Scotting DCJ
Decision:
1   Wade Woods is convicted.
2 The proceedings are adjourned until 21 November 2025 and the offender is released on giving an undertaking pursuant to s 239 Work Health and Safety Act 2011 on the following conditions:
(a)   The offender must appear before the Court if called on to do so during the period of the adjournment;
(b)   The offender is to be of good behaviour and not commit any offence against the Act on the period of the adjournment;
(c)   The offender is to seek treatment from a psychiatrist and a psychologist for his mental condition for the period of the adjournment and accept all reasonable directions from those medical practitioners for the treatment of his condition at such intervals as recommended by those medical practitioners, including by taking medication as prescribed by a general practitioner or psychiatrist;
(d)   The offender is to provide evidence to SafeWork NSW that he is receiving treatment from a psychiatrist and a psychologist for his mental health on or before 22 February 2024;
(e)   The offender is to provide evidence to the Court on or before 14 November 2025 that he has received treatment from a psychiatrist and a psychologist, as recommended by those medical practitioners, during the course of the adjournment;
(f)   The offender is to notify the Registrar of the District Court at the Downing Centre of any change of address for service during the term of the Undertaking.
3   The offender is to pay the prosecutor’s costs of the proceedings as agreed or assessed.

Catchwords:
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker
SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - 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
Work Health and Safety Act 2011

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

Category: Sentence
Parties: SafeWork NSW (Prosecutor)
Wade Woods (Offender)
Representation:
Counsel:
A Mykkeltvedt (Prosecutor)
I Latham (Offender)
Solicitors:
Legal, Department of Customer Service (Prosecutor)
Wotton Kearney (Offender)

File Number(s): 2022/227759
Publication restriction: None

JUDGMENT

Wade Woods (the offender) appears for sentence after pleading guilty to an offence under s 32 of the Work Health and Safety Act 2011 (NSW) (the Act), in that he failed to comply with the health and safety duty he owed pursuant to s 27 of the Act and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading SafeWork NSW v Woods

Details

AGLC: SafeWork NSW v Woods [2023] NSWDC 510
Case: [2023] NSWDC 510
Decision Date: 22 November 2023

CaseChat Overview and Summary

The case of SafeWork NSW v Woods involved the prosecution of Wade Woods, who was charged with offences under the Work Health and Safety Act 2011. The dispute centred on the duty of persons undertaking a business or undertaking and the duty of employers to prevent risks of death or serious injury, particularly in relation to an incident where a worker was injured. The matter was heard in the District Court of New South Wales.

The legal issues that the court needed to address included the objective seriousness of the offences, the principles of deterrence, and the consideration of both aggravating and mitigating factors in the sentencing process. Additionally, the court had to evaluate the capacity of the offender to pay a fine and determine the appropriate penalty. The sentencing principles considered were the offender's clean criminal record, prospects for rehabilitation, expressions of remorse, a guilty plea, and any assistance provided to law enforcement.

The court found Wade Woods guilty of the charges. The sentencing was adjourned until 21 November 2025, with the offender being released on certain conditions. These included appearing before the court if required, maintaining good behaviour, and seeking treatment for a mental condition from a psychiatrist and a psychologist. The offender was also required to provide evidence of treatment to SafeWork NSW and the court within specified timeframes. Furthermore, the offender had to pay the prosecutor's costs as agreed or assessed.

The final orders included the conviction of Wade Woods, the adjournment of the proceedings, and specific conditions for the offender's release, including treatment requirements and evidence submissions. The offender was also mandated to pay the costs of the proceedings.

Orders

Orders of the court

1 Wade Woods is convicted.

2 The proceedings are adjourned until 21 November 2025 and the offender is released on giving an undertaking pursuant to s 239 Work Health and Safety Act 2011 on the following conditions:

(a) The offender must appear before the Court if called on to do so during the period of the adjournment;

(b) The offender is to be of good behaviour and not commit any offence against the Act on the period of the adjournment;

(c) The offender is to seek treatment from a psychiatrist and a psychologist for his mental condition for the period of the adjournment and accept all reasonable directions from those medical practitioners for the treatment of his condition at such intervals as recommended by those medical practitioners, including by taking medication as prescribed by a general practitioner or psychiatrist;

(d) The offender is to provide evidence to SafeWork NSW that he is receiving treatment from a psychiatrist and a psychologist for his mental health on or before 22 February 2024;

(e) The offender is to provide evidence to the Court on or before 14 November 2025 that he has received treatment from a psychiatrist and a psychologist, as recommended by those medical practitioners, during the course of the adjournment;

(f) The offender is to notify the Registrar of the District Court at the Downing Centre of any change of address for service during the term of the Undertaking.

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

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.

Medium Neutral Citation:	SafeWork NSW v Woods [2023] NSWDC 510
Hearing dates:	22 November 2023
Date of orders:	22 November 2023
Decision date:	22 November 2023
Jurisdiction:	Criminal
Before:	Scotting DCJ
Decision:	1 Wade Woods is convicted. 2 The proceedings are adjourned until 21 November 2025 and the offender is released on giving an undertaking pursuant to s 239 Work Health and Safety Act 2011 on the following conditions: (a) The offender must appear before the Court if called on to do so during the period of the adjournment; (b) The offender is to be of good behaviour and not commit any offence against the Act on the period of the adjournment; (c) The offender is to seek treatment from a psychiatrist and a psychologist for his mental condition for the period of the adjournment and accept all reasonable directions from those medical practitioners for the treatment of his condition at such intervals as recommended by those medical practitioners, including by taking medication as prescribed by a general practitioner or psychiatrist; (d) The offender is to provide evidence to SafeWork NSW that he is receiving treatment from a psychiatrist and a psychologist for his mental health on or before 22 February 2024; (e) The offender is to provide evidence to the Court on or before 14 November 2025 that he has received treatment from a psychiatrist and a psychologist, as recommended by those medical practitioners, during the course of the adjournment; (f) The offender is to notify the Registrar of the District Court at the Downing Centre of any change of address for service during the term of the Undertaking. 3 The offender is to pay the prosecutor’s costs of the proceedings as agreed or assessed.
Catchwords:	CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - 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 Work Health and Safety Act 2011
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
Category:	Sentence
Parties:	SafeWork NSW (Prosecutor) Wade Woods (Offender)
Representation:	Counsel: A Mykkeltvedt (Prosecutor) I Latham (Offender) Solicitors: Legal, Department of Customer Service (Prosecutor) Wotton Kearney (Offender)
File Number(s):	2022/227759
Publication restriction:	None