SafeWork NSW v Hubtex Australia Pty Ltd [2021] NSWDC 664

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Hubtex Australia Pty Ltd [2021] NSWDC 664 Hearing dates: 3 December 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Hubtex Australia Pty Ltd is convicted. 2 I impose fines in the total sum of $124,000. 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 – worker injured – failure to notify regulator immediately after the incident 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 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Longworth v R [2017] NSWCCA 119 Ollis v R [2011] NSWCCA 155 Perrin v R [2006] NSWCCA 64 R v Borkowski (2009) 195 A Crim R 1 R v Tadrosse (2006) NSWLR 740 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v Scharfe [2021] NSWDC 260 Category: Sentence Parties: SafeWork NSW (Prosecutor) Hubtex Australia Pty Ltd (Defendant) Representation: Counsel: M Moir (Prosecutor) R Coffey (Defendant)