Judge warns homeowners to take more responsibility after Will Finch death

Young dad William Finch died after suffering fatal injuries while fitting airconditioning in the Green Valley home being built by Milia and Anthony Hanna.

Will Finch with son Wyatt. Picture: Go Fund Me

A couple who built their own dream home have been fined $225,000 after a worker fell to his death and a judge said it should send a message to all owner-builders.

Young dad William Finch died a week before his son Wyatt’s first birthday after suffering fatal injuries while fitting airconditioning in the Green Valley home being built by Milia and Anthony Hanna.

There were no handrails or guard rails on the partially-completed metal staircase nor on the second floor, the District Court was told.

Judge Wendy Strathdee said owner builders had to start being serious about their duties under work and safety laws.

Builder Will Finch died while fitting air conditioning just a week before his son’s first birthday. Picture: Go Fund Me

“A submission was advanced by the defendants that as this was an owner-builder project, that in itself goes someway to explain the informality with which safety was implemented,” Judge Strathdee said.

“It may well explain, but in no means does it excuse the defendants from their obligations to ensure the safety of workers at their site. There is little evidence before me to demonstrate that the defendants had any real regard to their obligations or for the safety of the workers on the site.”

The judge said the construction industry was still not getting the message.

“Unfortunately, while judgments of this court have regularly addressed the ever increasing number of people being injured or losing their lives when falling from height in the course of their employment, the message does not seem to be getting through to the construction industry,” she said.

“In my view, there also needs to be a very clear message to owner-builders that the obligations of the (Work Health and Safety) Act also apply to them, as does the duty to protect workers from the risk of harm in the workplace.”

Owner-builders Milia and Anthony Hanna have been fined $225,000 under work and safety laws after Will Finch died while working on their house. Picture: Go Fund Me

Judge Strathdee said Ms Hanna, who runs a Seven Hills childcare business, should have known her duties because she completed all the owner-builder courses and obtained an owner-builder permit.

Neither she nor Mr Hanna were at the site to supervise the airconditioning when Mr Finch, 29, fell from the second storey within 10 minutes of starting work. He died in Liverpool Hospital.

His widow, Katelyn Finch, had read a victim impact statement to the court.

“It would be absolutely impossible for someone not to be deeply moved by her statement, as I was,” Judge Strathdee said.

“Mr Finch was a loved and loving husband, son, brother and father to Wyatt. His death has devastated his family and continues to cause unending grief and suffering.

“Wyatt celebrated his first birthday without his devoted and adoring father. Mrs Finch has lost her ‘happily ever after’ and her best friend. Her grief is enormous and raw, and she feels that she and Wyatt have been given a life sentence.”

Milia and Anthony Hanna, both 47, were prosecuted by Safework NSW and both had pleaded guilty to failing to comply with their health and safety duties. She faced a maximum penalty of a $300,000 fine and as the project manager, he faced a maximum of $150,000.

Ms Hanna was fined $200,000 reduced by 25 per cent because of her early plea of guilty, Mr Hanna was fined $100,000 also reduced by 25 per cent for pleading guilty. They were also ordered to pay $65,000 costs.