SafeWork NSW v Parrish Group NSW Pty Ltd [2023] NSWDC 13

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Parrish Group NSW Pty Ltd [2023] NSWDC 13 Hearing dates: 2 February 2023 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Parrish Group NSW Pty Ltd is convicted. (2) The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Parrish Group NSW Pty Ltd to pay a fine of $300,000. (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 Parrish Group NSW Pty Ltd to pay the prosecutor's costs agreed in the amount of $37,500. (6) I request SafeWork NSW to send a copy of this judgment to the Minister with responsibility for workplace safety, who holds office in the next government. 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 – worker fell through inadequately protected penetration in roof Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22 Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 14, 16, 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 LJW Solar Pty Ltd [2022] NSWDC 526 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: Safe Work Australia Safe Work on Roofs Information Sheet, January 2016. WorkCover NSW Safe Work on Roofs Code of Practice, Part 1: Commercial and Industrial Buildings, 2009 SafeWork NSW Code of Practice Construction Work, April 2019 SafeWork NSW Managing the Risk of Falls Code of Practice, April 2019 Category: Sentence Parties: SafeWork NSW (Prosecutor) Parrish Group NSW Pty Ltd (Defendant) Representation: Counsel: N Read (Prosecutor) I Latham (Defendant)