SafeWork NSW v Wang; SafeWork NSW v Effective Building and Construction Pty Ltd; SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 260

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Wang; SafeWork NSW v Effective Building and Construction Pty Ltd; SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 260 Hearing dates: 27 April and 1 May 2020 Date of orders: 22 May 2020 Decision date: 22 May 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: Penalty – Mr Wang 1 Jianen Wang is convicted. 2 I impose a fine of $60,000. 3 Mr Wang is to pay the prosecutor's costs as agreed or assessed. Penalty – EBC 1 Effective Building and Construction Pty Ltd is convicted. 2 I impose a fine of $60,000. 3 EBC is to pay the prosecutor's costs as agreed or assessed. Penalty – NSWB 1 NSW Bricklaying Pty Ltd is convicted. 2 I impose a fine of $500,000. 3 NSWB is to pay the prosecutor's costs as agreed or assessed. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of worker SENTENCING –objective seriousness – deterrence – aggravating factors – mitigating factors COSTS – prosecution costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Fines Act 1996 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 160 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Category: Principal judgment Parties: Proceedings 2019/243402 SafeWork NSW (Prosecutor) Jianen Wang (Defendant)