CRIMINAL LAW — work health and safety — offences — category 2 — where a young worker’s arm became entangled in a conveyor belt of a mobile screen — high objective seriousness
SENTENCING — relevant factors on sentence — circumstance of aggravation — vulnerable victim — avoiding double counting
Quick Take
1Where the vulnerability of a worker (youth, inexperience, inadequate training) is inherent in the nature of the duty breached under ss 19 and 32 of the WHS Act, treating that vulnerability as a separate aggravating factor under s 21A(2)(l) of the Crimes (Sentencing Procedure) Act 1999 (NSW) constitutes impermissible double counting.
2Operating plant with manufacturer-designed safety guarding and emergency stop systems missing or non-functional, combined with the absence of documented safe work procedures, adequate training and supervision for a routine maintenance task, is assessed as high objective seriousness even for a small business operator.
3A defendant's liability to pay the prosecutor's costs in WHS proceedings is not extra-curial punishment and is not to be taken into account in mitigation of the fine imposed.
