Linnane (NSW Department of Planning and Environment) v Cummings [2020] NSWDC 755

District Court New South Wales

Medium Neutral Citation: Linnane (NSW Department of Planning and Environment) v Cummings [2020] NSWDC 755 Hearing dates: 10 December 2020 Date of orders: 14 December 2020 Decision date: 14 December 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Tony Glenn Cummings is convicted. (2) I impose a fine of $70,000. (3) The defendant is to pay the prosecutor's costs of the proceedings as agreed or assessed. (4) I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine is paid to the prosecutor. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW - work health and safety – statutory duty of person conducting a business or undertaking with management or control of plant to ensure health and safety of persons so far as reasonably practicable – exposure of worker to risk of death or serious personal injury SENTENCING – deterrence - aggravating factors – mitigating factors – deterrence – good character - good prospects of rehabilitation – assistance to law enforcement authorities – capacity to pay a fine – adverse publicity order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety (Mines and Petroleum) Sites Act 2013 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 Linnane (NSW Department of Planning and Environment) v Cummings [2020] NSWDC 587 R v Thangavelautham [2016] NSWCCA 141 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v Investa Asset Management Pty Ltd [2019] NSWDC 472 SafeWork NSW v KD & JT Westbrook Pty Ltd (No.2) [2019] NSWDC 15 Category: Sentence Parties: Anthony Linnane (Department of Planning and Environment) (Prosecutor) Tony Glenn Cummings (Defendant) Representation: Counsel: I Taylor SC/G Lewer (Prosecution) R Clifford (Defendant)