Attorney General v Jamestrong Packaging Australia Pty Ltd [2020] NSWCCA 319

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Attorney General v Jamestrong Packaging Australia Pty Ltd [2020] NSWCCA 319 Hearing dates: 24 June 2020 Date of orders: 8 December 2020 Decision date: 08 December 2020 Before: Hoeben CJ at CL; Fagan J; Cavanagh J Decision: (1) Appeal allowed. (2) Orders (2) and (3) made by Strathdee DCJ on 20 (3) December 2019 are set aside. In lieu thereof, order that the respondent pay a fine of $300,000. Catchwords: CRIMINAL LAW – appeal against sentence – manifest inadequacy – work health and safety – duty of persons undertaking business – construction work – fall from height through unprotected penetration resulting in death – penalty inadequate – appeal allowed Legislation Cited: Criminal Appeal Act 1912 (NSW) Work Health and Safety Act 2011 (NSW) Category: Principal judgment Parties: Attorney General (applicant) Jamestrong Packaging Australia Pty Ltd (respondent) Representation: Counsel: D Kell SC with E Jones (applicant) D Chin SC with G Diggins (respondent)

Solicitors: Crown Solicitor's Office (applicant) Macpherson Kelley (respondent) File Number(s): 2018/148618 Publication restriction: No Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Safework NSW Date of Decision: 20 December 2019 Before: Strathdee DCJ File Number(s): 2018/148618