NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Chess Engineering Pty Ltd [2020] NSWDC 638 Hearing dates: 25 September 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Chess Engineering Pty Ltd is convicted. 2 I impose a fine of $45,000. 3 The offender is to pay the prosecutor's costs agreed in the sum of $55,000. 4 I order that pursuant to section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – worker injured SENTENCING – aggravating factors – mitigating factors – objective seriousness – deterrence – no record of previous convictions – good prospects of rehabilitation – plea of guilty – remorse Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: SafeWork NSW (Prosecutor) Chess Engineering Pty Ltd (Defendant) Representation: Counsel: M Cahill (Prosecutor) R Coffey (Defendant)
Solicitors: Department of Customer Service (Prosecutor) Sparke Helmore (Defendant) File Number(s): 2019/46654 Publication restriction: None
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