SafeWork NSW v HD Projects Pty Ltd [2021] NSWDC 126

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v HD Projects Pty Ltd [2021] NSWDC 126 Hearing dates: 15 April 2021 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 HD Projects Pty Ltd is convicted. 2 I impose a fine of $170,000. 3 The defendant is to pay the prosecutor's costs of the proceedings as agreed or assessed. The defendant entered a plea of not guilty at an early stage of the proceedings. A number of adjournments were sought by the prosecutor to accommodate delays in the related proceedings against AC. The parties, and if necessary a costs assessor, should reflect these circumstances in arriving at the appropriate quantum of costs. 4 I order pursuant to s 122(2) Fines Act 1996 that 50% of the fine is 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 – workers injured SENTENCING – deterrence – aggravating factors – mitigating factors – good prospects of rehabilitation – remorse - parity 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 Green v The Queen (2011) 244 CLR 462 R v Thangavelautham [2016] NSWCCA 141 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v HD Projects Pty Ltd [2020] NSWDC 765 Category: Sentence Parties: SafeWork NSW (Prosecutor) H D Projects Pty Ltd (Defendant) Representation: Counsel: M Moir (Prosecutor) M Baroni (Defendant)