SafeWork NSW v South Coast Under Road Borers Pty Ltd [2021] NSWDC 314

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v South Coast Under Road Borers Pty Ltd [2021] NSWDC 314 Hearing dates: 18 June 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 South Coast Under Road Borers Pty Ltd is convicted. 2 I impose a fine of $375,000. 3 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - appropriate penalty 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 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 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 Texts Cited: How to Manage Work Health and Safety Risks, December 2011 Managing the Risks of Plant in the Workplace, July 2014 Category: Sentence Parties: SafeWork NSW (Prosecutor) South Coast Under Road Borers Pty Ltd (Defendant) Representation: Counsel: M Cahill (Prosecutor) A Davis (Defendant)