Linnane (Department of Planning and Environment) v Peak Gold Mines Pty Ltd [2021] NSWDC 565

District Court New South Wales

Medium Neutral Citation: Linnane (Department of Planning and Environment) v Peak Gold Mines Pty Ltd [2021] NSWDC 565 Hearing dates: 6 October 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Peak Gold Mines Pty Ltd is convicted. 2 I impose a fine of $480,000. 3 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. 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 – death of worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors –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 (Mines and Petroleum Sites) Act 2013 Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v AB [2011] NSWCCA 229 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: Department of Planning and Environment (Prosecutor) Peak Gold Mines Pty Ltd (Defendant) Representation: Counsel: I Taylor SC with N Evans (Prosecutor) B Hodgkinson SC with S Meehan (Defendant)