SafeWork NSW v GN Residential Construction Pty Ltd [2020] NSWDC 764

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v GN Residential Construction Pty Ltd [2020] NSWDC 764 Hearing dates: 11 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 GN Residential Construction Pty Ltd is convicted. 2 I impose a fine of $900,000. 3 The offender is to pay the prosecutor's costs as agreed or assessed. 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. 5 The offender is to enter into the Work Health and Safety Project Order set out at [92]. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – workers injured SENTENCING – objective seriousness – deterrence - aggravating factors – mitigating factors – good prospects of rehabilitation – plea of guilty – assistance to law enforcement authorities – remorse – Work Health and Safety Project Order Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: SafeWork NSW (Prosecutor) GN Residential Construction Pty Limited (Defendant) Representation: Counsel: J Agius SC/P Boncardo (Prosecutor) B Hodgkinson SC (Defendant) Solicitors: NSW Department of Customer Service (Prosecutor) Sparke Helmore (Defendant) File Number(s): 2020/320731 Publication restriction: None