SafeWork NSW v Urban Field Group Pty Ltd [2022] NSWDC 575

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Urban Field Group Pty Ltd [2022] NSWDC 575 Hearing dates: 16 November 2022 Date of orders: 18 November 2022 Decision date: 18 November 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Urban Field Group Pty Ltd is convicted. 2 The appropriate fine is one of $500,000 which will be reduced by 20% to reflect the plea of guilty. 3 I impose a fine of $400,000. 4 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. 5 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 – injury to 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 Olbrich (1999) 199 CLR 270 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Royall v The Queen (1991) 172 CLR 378 Category: Sentence Parties: SafeWork NSW (Prosecutor) Urban Field Group Pty Ltd (Defendant) Representation: Counsel: L Doust (Prosecutor) C O'Neill (Defendant)