SafeWork NSW v Craig Arthur Pty Ltd [2023] NSWDC 218

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Craig Arthur Pty Ltd [2023] NSWDC 218 Hearing dates: 24 May 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Craig Arthur Pty Ltd is convicted. 2 I impose a fine of $45,000. 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 – capacity to pay a fine - appropriate penalty SENTENCING PRINCIPLES - no significant 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 Texts Cited: A Guide to Work Health and Safety, SafeWork NSW Loading/Unloading Exclusion Zones Mass Management and Basic Fatigue Management Standards Policy/Procedures/Guidelines Manual dated 30 August 2019 WHS Specification for Subcontractors NSW dated August 2018 Category: Sentence Parties: SafeWork NSW (Prosecutor) Craig Arthur Pty Ltd (Defendant) Representation: Counsel: B Docking (Prosecutor) B Armstrong (Defendant)