Williamson v VH & MG Imports Pty Ltd

The respondent, VH & MG Imports Pty Ltd, was found guilty of breaching section 32 of the Work Health and Safety Act 2011 (Qld) by failing to comply with a health and safety duty under section 19(1) of the same Act. The breach occurred when an employee was exposed to an unacceptable risk of death or serious injury, a risk that was also avoidable. The respondent was fined $90,000, but no conviction was recorded. The respondent appealed against the sentence, arguing it was manifestly inadequate and that a conviction should have been recorded.

The appeal hinged on whether the learned acting magistrate fell into error in not imposing a conviction and in determining that the fine was not manifestly inadequate. The court considered the nature and extent of the breach, the degree of culpability, and the culpability of the respondent in the context of corporate offending. The court also examined the principles of deterrence and denunciation in assessing the adequacy of the penalty.

The court found that while the penalty was not manifestly excessive, it was inadequate. The severity of the breach, coupled with the fact that the risk to the employee was both serious and avoidable, warranted a higher penalty. Additionally, the court found that the absence of a conviction was an error as the breach constituted a serious criminal offence. The appeal was granted, and the fine was increased to $125,000. The court otherwise affirmed the sentence imposed in the Magistrates Court on 16 June 2016.