NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Calibre Construction Group Pty Ltd [2020] NSWDC 603 Hearing dates: 23 September 2020 Date of orders: 09 October 2020 Decision date: 09 October 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Calibre Construction Group Pty Ltd is convicted. (2) For the penalty imposed and consequent orders see [64]-[69]. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury SENTENCING –objective seriousness – deterrence – aggravating factors – mitigating factors – capacity to pay a fine COSTS – prosecution costs OTHER ORDERS – training order made – work, health and safety undertaking order made Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 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 Category: Principal judgment Parties: SafeWork NSW (Prosecutor) Calibre Construction Group Pty Ltd (Defendant) Representation: Counsel: M Cahill (Prosecutor)
Solicitors: NSW Department of Customer Service (Prosecutor) One Group Legal Pty Ltd (Defendant) File Number(s): 2019/70042 Publication restriction: None
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