SafeWork NSW v JA Investment Group Pty Ltd [2021] NSWDC 569

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v JA Investment Group Pty Ltd [2021] NSWDC 569 Hearing dates: 15 October 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) JA Investment Group Pty Ltd was convicted on 15 October 2021. (2) The appropriate fine is $240,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order JA Investment Group Pty Ltd to pay a fine of $180,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order JA Investment Group Pty Ltd to pay the prosecutor's costs agreed in the amount of $30,000. 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 appropriate penalty COSTS – prosecution costs OTHER – defendant involved in automotive dismantling – electric equipment in close proximity to the petrol storage area - worker used electric gurney to clean ute tray in workstation – fire and explosion when electric gurney turned on – serious burn injuries – inadequate instructions and training provided in relation to working with flammable liquids and hazardous chemicals Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22, 27, 28, 30A, 30B, 30D, 30E Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32 Work Health and Safety Regulation 2017, cll 5, 34-36, 39, 342, 351, 355, 379 Cases Cited: Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 SafeWork NSW v CRS NSW Pty Ltd [2017] NSWDC 312 SafeWork NSW v JPS Car Wash Management Pty Ltd [2021] NSWDC 148 SafeWork NSW v MMP Industrial Pty Ltd [2019] NSWDC 854 SafeWork NSW v Plasser Australia Pty Ltd [2021] NSWDC 441 SafeWork NSW v SRS Star Management Pty Ltd; SafeWork NSW v Sarjeet Sidhu [2021] NSWDC 148; SafeWork NSW v MMP Industrial Pty Ltd [2019] NSWDC 854 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: SafeWork NSW, "Managing Risks of Hazardous Chemicals in the Workplace" Code of Practice, July 2014 SafeWork NSW "Guidance for managing the risks associated with end of life Petrol (ULP) Vehicles" Fact Sheet Category: Sentence Parties: SafeWork NSW (Prosecutor) JA Investment Group Pty Ltd (Defendant) Representation: Counsel: M Scott (Prosecutor) P Barry and H Pararajasingham (Defendant)