SafeWork NSW v S & T Services Pty Ltd [2021] NSWDC 140

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v S & T Services Pty Ltd [2021] NSWDC 140 Hearing dates: 22 April 2021 Date of orders: 29 April 2021 Decision date: 29 April 2021 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) S & T Services Pty Ltd was convicted on 22 April 2021. (2) I take into account the Victim Impact Statement of Mr Simon Turner. (3) The appropriate fine is $300,000 but that will be reduced by 25% to reflect the plea of guilty. (4) Order S & T Services Pty Ltd to pay a fine of $225,000. (5) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (6) Order S & T Services 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 COSTS – prosecution costs OTHER – crane and grillage columns collapsed at a residential construction site – design of grillage was not adequate to support the intended load of a fully erected tower crane – joints and connection pins as designed were not adequate for the tensile forces that would apply to a large load Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22, 27, 30A, 30B, 30E Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 22, 32 Cases Cited: Attorney General for New South Wales v DSF Constructions Pty Ltd [2019] NSWCCA 33 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 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: Australian Standard 1418.4, Cranes Hoists and Winches: Tower Cranes (March 2004) Australian Standard 4100:1998, Steel structures (June 1998) Gorenc, B. E., Tinyou, R. & Syam, A. (2012), Steel designers' handbook. UNSW Press, Sydney, NSW. WorkCover Authority NSW, Code of Practice: Safe design of structures (July 2014) Category: Sentence Parties: SafeWork NSW (Prosecutor) S & T Services Pty Ltd (Defendant) Representation: Counsel: B Docking (Prosecutor) W Thompson (Defendant)