SafeWork NSW v JPS Car Wash Management Pty Ltd; SafeWork NSW v SRS Star Management Pty Ltd; SafeWork NSW v Sarjeet Sidhu [2021] NSWDC 148

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v JPS Car Wash Management Pty Ltd; SafeWork NSW v SRS Star Management Pty Ltd; SafeWork NSW v Sarjeet Sidhu [2021] NSWDC 148 Hearing dates: 10 December 2020; 15 March 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Criminal Before: Strathdee DCJ Decision: (1) The defendants are convicted. (2) The appropriate fine for JPS is $400,000.00 and that will be reduced by 25% to reflect the early plea. (3) Accordingly, I order JPS pay a fine of $300,000.00. (4) The appropriate fine for SRS is $400,000.00 and that will be reduced by 25% to reflect the early plea. (5) Accordingly, I order SRS pay a fine of $300,000.00. (6) The appropriate fine for Mr Sidhu is $40,000.00 and that will be reduced by 25% to reflect the early plea. (7) Accordingly, I order Mr Sidhu pay a fine of $30,000.00. (8) Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fines imposed are to be paid to the prosecutor. (9) The defendants are to pay the prosecutor's costs agreed in the sum of $40,000.00. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay – totality of sentence - appropriate sentence - parity OTHER – failure to notify SafeWork of a notifiable incident – failure to consult, co-operate and co-ordinate activities with other persons who had a duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Fines Act 1996 (NSW) Work Health and Safety Act 2011 (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 Limited (1996) 82 IR 384 Jahandideh v R [2014] NSWCCA 178 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (1999) 90 IR 464 Markarian v The Queen (2005) 228 CLR 357 McColl v John Watson Building Services Pty Ltd & Anor (2004) 137 IR 310 Morrison v Powercoal Pty Limited & Anor (No.3) [2005] NSWIRComm 61 Nash v Silver City Drilling (NSW) (2017) 93 NSWLR 338 Orbit Drilling v The Queen (2012) 35 VR 399 R v Cage [2006] NSWCCA 304 R v MA [2004] NSWCCA92 R v Miria [2009] NSWCCA 68 R v MMK [2006] NSWCCA 272 R v Skondin [2015] QCA 138 SafeWork NSW v Grandcity Constructions Pty Ltd [2018] NSWDC 398 SafeWork NSW v HCM Building Pty Limited [2019] NSWDC 632 SafeWork NSW v McConnell Dowell Constructors (Aust) Pty Limited (No 2) [2020] NSWDC 668 SafeWork v Poletti Corporation [2019] NSWDC 491 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v R (No. 2) (1988) 164 CLR 465 WorkCover Authority (NSW) v Profab Industries Pty Ltd (2000) 49 NSWLR 700 WorkCover Authority of NSW v Sarjame Storage Pty Ltd [2015] NSWDC 151 Texts Cited: Kerrick Operating & Maintenance Manual Managing Risks of Hazardous Chemicals in the Workplace dated July 2014 Premium Tyre Gloss Safety Data Sheet Category: Sentence Parties: SafeWork NSW (Prosecutor) JPS Car Wash Management Pty Ltd, Sarjeet Sidhu, and SRS Star Management Pty Ltd (Defendants) Representation: Mr Boncardo, of counsel for the Prosecutor Mr G Walsh, solicitor for the Defendants