SafeWork NSW v PV Solar Pro Pty Ltd [2021] NSWDC 258

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v PV Solar Pro Pty Ltd [2021] NSWDC 258 Hearing dates: 7 June 2021 Date of orders: 18 June 2021 Decision date: 18 June 2021 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 PV Solar Pro Pty Ltd is convicted. 2 I impose a fine of $300,000. 3 The offender is to pay the prosecutor's costs of the proceedings agreed at $70,000. 4 I order, pursuant to s 122(2) Fines Act 1996, that 50% of the fine is to be paid to the prosecutor. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – fall from height – death of employee SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Eurobodalla Shire Council v Tip It Today Broulee Pty Ltd [2007] NSWLEC 274 Hili v The Queen (2010) 253 CLR 58 Jahandideh v R [2014] NSWCCA 178 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) PV Solar Pro Pty Ltd (Defendant) Representation: Counsel: B Docking (Prosecutor) T Epstein (Defendant)