SafeWork NSW v Synergy Scaffolding Services Pty Ltd [2022] NSWDC 584

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Synergy Scaffolding Services Pty Ltd [2022] NSWDC 584 Hearing dates: 21 November 2022 Date of orders: 25 November 2022 Decision date: 25 November 2022 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Synergy Scaffolding Services Pty Ltd is convicted. 2 The appropriate fine is $2.2 million that will be reduced by 10% to give effect to the plea of guilty. 3 I impose a fine of $2 million. 4 The offender is to pay the prosecutor's costs as agreed or assessed. 5 I order that pursuant to section 122(2) of the 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 - death of worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors –appropriate penalty SENTENCING PRINCIPLES - no record of previous convictions - remorse - plea of guilty - assistance to law enforcement authorities Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: SafeWork NSW (Prosecutor) Synergy Scaffolding Services Pty Ltd (Defendant) Representation: Counsel: J Agius SC with P Boncardo (Prosecutor) S Meehan (Defendant)