NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Bay Trusses & Frames Pty Ltd [2020] NSWDC 317 Hearing dates: 12 May 2020 Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The defendant is convicted.
(2) The appropriate fine for the defendant would be $400,000.00 and that will be reduced by 25% to reflect a plea of guilty.
(3) I accordingly order the defendant to pay a fine of $300,000.00.
(4) 50% of the fine imposed is to be paid to the prosecutor.
(5) The defendant is to pay the prosecutor's costs as agreed in the sum of $27,500.00. Catchwords: CRIMINAL LAW- prosecution- work health and safety- duty of persons undertaking a business – risk of death or serious injury SENTENCE – objective seriousness- mitigating factors-aggravating factors- plea of guilty – discount of 25% because of the utility of the plea -general deterrence-specific deterrence- appropriate penalty-remorse - contrition COSTS – prosecution costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Occupational Health and Safety Act 2000 (NSW) Work Health and Safety Act 2011 (NSW) Work Health and Safety Regulation 2017 (NSW) Workplace Health and Safety Regulations 2011 (NSW) Cases Cited: Bulga Underground Operations v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Inspector Howard v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v Miria [2009] NSWCCA 68 Texts Cited: Australian Standard 2359: Powered Industrial Trucks (2013) Safe Operating Procedure 'Loading & Unloading' (November 2012) SafeWork NSW brief guide 'Toolbox Talk: Take Forklifting Safety Seriously' SafeWork NSW Code of Practice 'How to Manage Work, Health and Safety Risks' (December 2011) SafeWork NSW Code of Practice 'Managing the Risks of Plant in the Workplace' (July 2014) WorkCover Safety Alert 'Working with or around Mobile Plant' Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Bay Trusses & Frames Pty Ltd (Defendant) Representation: Counsel: Ms J Single SC appeared for the Prosecutor Mrs W Thompson appeared for the Defendant
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