SafeWork NSW v Force Fire & Safety Pty Ltd [2023] NSWDC 217

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Force Fire & Safety Pty Ltd [2023] NSWDC 217 Hearing dates: 24 May 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Force Fire & Safety Pty Ltd is convicted. 2 I impose a fine of $300,000. 3 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. 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 - 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 Work Health and Safety Act 2011 (NSW) Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 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: Materials Handling dated 12 August 2019 Use of Forklift/Telehandler dated 12 August 2019 Daily Prestart Sheet, Moving Plant/Separation from people (Plant Zones) Site Induction Record – Delivery Driver Checklist in BIM360 WHS Specification for Subcontractors NSW Category: Sentence Parties: SafeWork NSW (Prosecutor) Force Fire & Safety Pty Ltd (Defendant) Representation: Counsel: B Docking (Prosecutor) B Hodkinson SC (Defendant)