SafeWork NSW v AST Services Pty Ltd [2022] NSWDC 293

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v AST Services Pty Ltd [2022] NSWDC 293 Hearing dates: 16 June 2022 Date of orders: 26 July 2022 Decision date: 26 July 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1. AST Services Pty Ltd is convicted. 2. I impose a fine of $210,000. 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 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 Regulation 2017 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: Safe Loading and Unloading of Flatbed Trailers – Steel Pipe AST-SOP-054 Load Restraint Guide 2018, National Transport Commission in February 2018 Category: Sentence Parties: SafeWork NSW (Prosecutor) AST Services Pty Ltd (Defendant) Representation: Counsel: M Moir (Prosecutor) E James (Defendant)