SafeWork NSW v Mercon Group Pty Ltd [2021] NSWDC 378

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Mercon Group Pty Ltd [2021] NSWDC 378 Hearing dates: 30 July 2021 Date of orders: 05 August 2021 Decision date: 05 August 2021 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Mercon Group Pty Ltd is convicted. 2 I impose a fine of $90,000. 3 The offender is to pay the prosecutor's costs of the proceedings in the sum of $42,000. 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 – worker injured SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – 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 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 Texts Cited: Code of Practice – Demolition Works – September 2016 Code of Practice – Managing the Risk of Falls at Workplaces – April 2016 Category: Sentence Parties: SafeWork NSW (Prosecutor) Mercon Group Pty Ltd (Defendant) Representation: Counsel: C Magee (Prosecutor) D Nagle (Defendant)