SafeWork NSW v Guskho Demolition and Excavation Pty Ltd [2023] NSWDC 414

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Guskho Demolition and Excavation Pty Ltd [2023] NSWDC 414 Hearing dates: 3, 4, 5 July 2023; 15 September 2023 Date of orders: 6 October 2023 Decision date: 06 October 2023 Jurisdiction: Criminal Before: Strathdee DCJ Decision: (1) The prosecution has not proved all of the elements of the offences beyond reasonable doubt. (2) I will not enter final orders until the prosecution has had an opportunity to consider an application pursuant to s 5AE of the Criminal Appeal Act 1912 (NSW). (3) I will list the matter on 6 November 2023 to determine the appropriate course. Catchwords: CRIMINAL LAW – prosecution – work health and safety – requirement for authorisation on work – licenced asbestos removalist – give false or misleading information – material particular - strict liability – supervision of workers – directing works Legislation Cited: Corporations Act 2001 (Cth) Work Health and Safety Act 2011 (NSW) Work Health and Safety Regulation 2017 (NSW) Cases Cited: R v Maslen & Shaw (1995) 79 A Crim R 199 Minister for Immigration, Local Government & Ethnic Affairs v Dela Cruz (1992) 34 FCR 348 R v Gervaise & Preece (New South Wales Court of Criminal Appeal, Smart, Grove and Studdert JJ, 13 November 1997) R v Traino (1987) 27 A Crim R 271 Texts Cited: Nil Category: Principal judgment Parties: SafeWork NSW (Prosecutor) Guskho Demolition and Excavation Pty Ltd (Defendant) Representation: Counsel: Ms N Evans (for the Prosecutor) Mr M Sahade (for the Defendant)