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

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Leda Form Group Pty Ltd [2022] NSWDC 524 Hearing dates: 27 October 2022 Date of orders: 3 November 2022 Decision date: 03 November 2022 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Leda Form Group Pty Ltd is convicted. (2) The appropriate fine is $600,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Leda Form Group Pty Ltd to pay a fine of $450,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order Leda Form Group 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 – defendant involved in installation of formwork on construction project – three workers on a roof preparing to install formwork – worker stepped backwards and fell through an uncovered penetration beside the lift shaft – worker fell 19 metres to the concrete floor below – failure to undertake adequate risk assessment – failure to securely cover penetration – failure to install perimeter guard rails around penetration – failure to prohibit workers from undertaking work on roof until adequate protection against risk had been installed – failure to implement and enforce adequate safe work method statement – failure to provide information, training and instruction to workers – failure to provide adequate supervision to workers Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22 Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32 Work Health and Safety Regulation 2011 cl 78, 79, 291, 299 Cases Cited: 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: SafeWork NSW Code of Practice, Managing the Risk of Falls at Workplaces, April 2016 Safe Work Australia, Safe Work on Roofs Information Sheet, January 2016 Category: Sentence Parties: SafeWork NSW (Prosecutor) Leda Form Group Pty Ltd (Defendant) Representation: Counsel: M Moir (Prosecutor) S Issa (Solicitor) (Defendant)