NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Elgas Limited [2021] NSWDC 101 Hearing dates: 24 March 2021 Date of orders: 31 March 2021 Decision date: 31 March 2021 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Elgas Limited is convicted. 2 I impose a fine of $425,000 for the s 19(2) offence. 3 I impose a fine of $100,000 for the s 19(1) offence. 4 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. 5 I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine in respect of each charge 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 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 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) Elgas Limited (Defendant) Representation: Counsel: M Cahill (Prosecutor) Y Shariff SC (Defendant)
Solicitors: SafeWork NSW, Department of Customer Service (Prosecutor) MinterEllison (Defendant) File Number(s): 2017/373865 2017/373875 Publication restriction: None
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