SafeWork NSW v Penrose Pine Products Pty Ltd [2021] NSWDC 45

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Penrose Pine Products Pty Ltd [2021] NSWDC 45 Hearing dates: 9 February 2020 Date of orders: 5 March 2021 Decision date: 05 March 2021 Jurisdiction: Criminal Before: Strathdee DCJ Decision: (1) The defendant is convicted. (2) The appropriate fine for the offence is $100,000.00 and that will be reduced by 25% to reflect a plea of guilty. (3) Accordingly, I order the defendant to pay a fine of $75,000.00. (4) Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the prosecutor. (5) The defendant is to pay the prosecution's costs as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – previous convictions – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Work Health and Safety Act 2011 (NSW) Work Health and Safety Regulation 2011 (Cth) Work Health and Safety Regulation 2017 (NSW) Cases Cited: Bulga Underground Operations v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 Capral Aluminium Limited v WorkCover Authority of NSW [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Fisher v Samaras Industries Pty Ltd (1996) 82 IR 384 Inspector Howard v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92 Markarian v The Queen (2005) 228 CLR 357 R v Miria [2009] NSWCCA 68 SafeWork NSW v HCM Building Pty Limited [2019] NSWDC 632 WorkCover Authority of NSW v Sarjame Storage Pty Ltd [2015] NSWDC 151 Texts Cited: Australian/New Zealand Standards 4024.36.10 Safety Machinery – Conveyors Safety System Management Booklet, August 2009 SafeWork Australia: Construction work – steel erection information sheet (January 2016) SafeWork NSW Code of Practice Managing the Risks of Plant in the Workplace Category: Sentence Parties: SafeWork NSW (Prosecutor) Penrose Pine Products Pty Limited (Defendant) Representation: Counsel: Mr C Magee for the Prosecutor Mr B Hodgkinson SC for the Defendant