SafeWork NSW v Canon Roofing Solutions Pty Ltd [2023] NSWDC 467

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Canon Roofing Solutions Pty Ltd [2023] NSWDC 467 Hearing dates: 30 October 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Canon Roofing Solutions Pty Ltd is convicted. (2) The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Canon Roofing Solutions Pty Ltd to pay a fine of $300,000. (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 Canon Roofing Solutions 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 – fall from heights – roof sheet not secured by screws – worker fell through roof – failure to undertake adequate site-specific risk assessment – failure to develop, implement and enforce adequate Safe Work Method Statement – failure to provide information, training and instruction 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, 14, 19, 32 Work Health and Safety Regulation 2017 (NSW), cll 78, 79 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 SafeWork NSW v Evolve Roofing Pty Ltd [2023] NSWDC 75 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/New Zealand Standard, "Industrial fall-arrest systems and devices" 2009 SafeWork NSW Code of Practice, "Managing the risk of falls at workplaces" August 2019 SafeWork NSW Information Sheet, "Safe Work on Roofs" January 2016 SafeWork NSW Initial Project Findings, "Construction blitz on falls from heights" November 2018 SafeWork NSW Project Findings Report, "Falls from heights in construction – blitz 2.0" 1-30 October 2019 SafeWork NSW Safety Notice, "Falls through roofs" 4 August 2020 Category: Sentence Parties: SafeWork NSW (Prosecutor) Canon Roofing Solutions Pty Ltd (Defendant) Representation: Counsel: I Fraser (Prosecutor) P Barham (Defendant)