SafeWork NSW v Deicorp Pty Ltd [2020] NSWDC 639

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Deicorp Pty Ltd [2020] NSWDC 639 Hearing dates: 7 October 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Deicorp Pty Ltd is convicted. 2 I impose a fine of $170,000. 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 – objective seriousness – deterrence aggravating factors – mitigating factors – good prospects of rehabilitation – plea of guilty – remorse 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 R v Borkowski (2009) 195 A Crim R1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Texts Cited: Managing the Risks of Falls at Workplaces Construction Work Code of Practice 2105 Category: Sentence Parties: SafeWork NSW (Prosecutor) Deicorp Pty Ltd (Defendant) Representation: Counsel: M Scott (Prosecutor) M Baroni (Defendant)