SafeWork NSW v PCW Constructions Pty Ltd & Peter James Woodhouse [2022] NSWDC 290

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v PCW Constructions Pty Ltd & Peter James Woodhouse [2022] NSWDC 290 Hearing dates: 23 June 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. PCW Constructions Pty Ltd is convicted. 2. I impose a fine of $90,000 on PCW Constructions Pty Ltd. 3. Peter James Woodhouse is convicted. 4. I impose a fine of $30,000 on Peter James Woodhouse. 5. The offenders are to pay the prosecutor's costs of the proceedings, agreed in the sum of $17,500. 6. I order pursuant to s 122(2) Fines Act 1996 that 50% of each fine is to be paid to the prosecutor. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employer – 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 Legislation Cited: 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 R v Youkhana [2004] NSWCCA 412 Texts Cited: SafeWork Australia Information Sheet, January 2016 SafeWork NSW Code of Practice – Construction Work dated April 2019 SafeWork NSW Code of Practice – Managing the Risk of Falls at Workplaces dated August 2019 Category: Sentence Parties: SafeWork NSW (Prosecutor) PCW Constructions Pty Ltd (Defendant) Peter Woodhouse (Defendant) Representation: Counsel: A Mykkeltvedt (Prosecutor) C O'Neill (Defendants)