Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266 Hearing dates: 27 July 2018 Decision date: 26 November 2018 Before: Beazley P at [1]; Basten JA at [2]; Wilson J at [116] Decision: (1) In the matter of Unity (NSW) Pty Ltd v SafeWork NSW (2016/77902-003) – dismiss the appeal.

(2) In each of the following appeals –

Attorney General (NSW) v Unity (NSW) Pty Ltd (2016/77902-004)

Attorney General (NSW) v Activate Fire Australia Pty Ltd (2016/77894)

Attorney General (NSW) v Hanna Plumbing Pty Ltd (2016/77856) –

dismiss the appeal. Catchwords: CRIME – conviction appeal – offence of failing to ensure health and safety of workers by exposing individual to a risk of death or serious injury – whether defendant convicted of offence other than that particularised – whether measure to ensure health and safety particularised by prosecutor reasonably practicable – Work Health and Safety Act 2011 (NSW), ss 19, 32

EMPLOYMENT AND INDUSTRIAL LAW – industrial safety, health and welfare – worker suffered serious injuries following electrocution – defendants charged with failure to ensure health and safety of workers by exposing individual to a risk of death or serious injury or illness – defendants convicted, but injuries suffered by worker not manifestation of risk pleaded – finding not challenged on appeal – whether trial judge erred in making finding of low objective seriousness – whether trial judge erred in failing to take injury of worker into account as aggravating factor – whether sentence manifestly inadequate – Work Health and Safety Act 2011 (NSW), ss 19, 32