SafeWork NSW v Bullock MFG Pty Limited [2020] NSWDC 457

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Bullock MFG Pty Limited [2020] NSWDC 457 Hearing dates: 12 August 2020 Date of orders: 19 August 2020 Decision date: 19 August 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Bullock MFG Pty Limited is convicted. (2) I take into account the Victim Impact Statement of Mr Daniel William. (3) The appropriate fine is $220,000 but that will be reduced by 25% to reflect the plea of guilty. (4) Order Bullock MFG Pty Limited to pay a fine of $165,000. (5) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (6) Order Bullock MFG Pty Limited to pay the prosecutor's costs agreed in the amount of $36,106. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay –appropriate penalty COSTS – prosecution costs OTHER – lack of adequate training in the operation of a die press machine provided to inexperienced worker — no formal induction — worker had not operated the press before the day of the incident — limited supervision — press guard not functioning correctly — worker's hand became caught in moving parts of the press causing serious crush injuries and partial amputations – incident would have been prevented if finger guards had been appropriately adjusted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22, 27(2), 30A, 30B, 30D, 30E Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32, 155, 274 Work Health and Safety Regulation 2011, cll 203, 208(2) Cases Cited: Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Morris McMahon & Co Pty Limited v SafeWork NSW [2019] NSWCCA 36 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 SafeWork NSW v Morris, McMahon & Co Pty Limited [2017] NSWDC 349 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: SafeWork NSW, Code of Practice, Managing the Risks of Plant in the Workplace (July 2014) Category: Sentence Parties: SafeWork NSW (Prosecutor) Bullock MFG Pty Limited (Defendant) Representation: Counsel: M Scott (Prosecutor) M Shume (Defendant)