SafeWork NSW v Autocare Services Pty Limited (No 2) [2022] NSWDC 641

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Autocare Services Pty Limited (No 2) [2022] NSWDC 641 Hearing dates: 13 December 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Autocare Services Pty Limited was convicted on 13 December 2022. (2) The appropriate fine is $600,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order Autocare Services Pty Limited to pay a fine of $450,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order Autocare Services Pty Limited to pay 75% of the prosecutor's costs. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – transport driver performing running repairs to the air lines of a vehicle transportation trailer – deck of trailer descended and crushed driver – transport company should have prohibited drivers from carrying out air line repairs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 22, 21A, 26, 27, 28, 30A, 30B, 30D, 30E Criminal Procedure Act 1986 (NSW), s 257B Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32 Cases Cited: Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 SafeWork NSW v Autocare Services Pty Ltd [2022] NSWDC 547 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: SafeWork NSW (Prosecutor) Autocare Services Pty Limited (Defendant) Representation: Counsel: M Scott (Prosecutor) G Livermore SC with B Anniwell (Defendant)