SafeWork NSW v ACN 158 085 217 Pty Ltd (previously known as Territory Transport Pty Ltd) [2022] NSWDC 420

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v ACN 158 085 217 Pty Ltd (previously known as Territory Transport Pty Ltd) [2022] NSWDC 420 Hearing dates: 19 September 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) ACN 158 085 217 Pty Ltd is convicted. (2) I impose a fine of $360,000. (3) The offender is to pay the prosecutor's costs, in the sum of $65,430.38. (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 – capacity to pay a fine - 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 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 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: Code of Practice on Managing the Risk of Plant in the Workplace National Heavy Vehicle Regulators Guide "Creating heavy vehicle daily checks" Category: Sentence Parties: SafeWork NSW (Prosecutor) ACN 158 085 217 Pty Ltd (previously known as Territory Transport Pty Ltd (Defendant) Representation: Counsel: C Magee (Prosecutor)Solicitors: Department of Customer Service (Prosecutor) File Number(s): 2021/312892 Publication restriction: None