SafeWork NSW v Can Do Projects Pty Ltd; Safework NSW v Yekta [2020] NSWDC 338

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Can Do Projects Pty Ltd; Safework NSW v Yekta [2020] NSWDC 338 Hearing dates: 19 June 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: Penalty – Can Do Projects Pty Ltd 1 Can Do Projects Pty Ltd is convicted. 2 I impose a fine of $60,000. 3 The offender is to pay the prosecutor's costs as agreed or assessed. Penalty – Mr Yekta 1 Behnam Yekta is convicted. 2 I impose a fine of $15,000. 3 The offender 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 Fines Act 1996 Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v NSW Bricklaying Pty Ltd [2020] NSWDC 160 Category: Principal judgment Parties: Proceedings SafeWork NSW (Prosecutor) Can Do Projects Pty Ltd (Defendant)