SafeWork NSW v Zammit Ham and Bacon Curers Pty Ltd

SafeWork NSW prosecuted Zammit Ham and Bacon Curers Pty Ltd for breaches of work health and safety laws following an incident at their premises that led to serious injuries. The matter was heard in the Local Court of New South Wales. The central legal issue was whether the defendant company had fulfilled its duty under the relevant statutory provisions to prevent risks to health and safety, which could result in death or serious injury. The court also had to determine the appropriate penalty, taking into account the objective seriousness of the offence, the mitigating and aggravating factors, and the defendant's plea of guilty.

The court found that the company had failed to ensure a safe working environment, leading to the injuries. This breach constituted a significant failure to meet the statutory duty of care. The objective seriousness of the incident was high, given the nature and extent of the injuries. The court considered the utility of the defendant's early guilty plea as a mitigating factor, warranting a 25% reduction in the penalty. However, the need for general and specific deterrence also played a role in setting the penalty. The court concluded that the appropriate penalty, reduced by the plea discount, was a fine of $75,000. The court also ordered that half of the fine be paid to the prosecutor and mandated the defendant to cover the agreed prosecution costs of $25,500.