Young Mining Company Pty Ltd v NSW Resources Regulator [2023] NSWDC 430

District Court New South Wales

Medium Neutral Citation: Young Mining Company Pty Ltd v NSW Resources Regulator [2023] NSWDC 430 Hearing dates: 4 and 8 September 2023 Date of orders: 17 October 2023 Decision date: 17 October 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The appeal against severity is allowed. (2) I set aside the fines imposed by the magistrate. (3) In lieu thereof, I make the following orders: (a) for the s 378 offence, YMC is convicted and I impose no further penalty pursuant to s 10A Crimes (Sentencing Procedure) Act 1999; (b) for the s 193 offence (IN ending 1385), I impose a fine of $7,000; (c) for the s 193 offence (IN ending 1416), I impose fine of $5,500; (d) for the s 193 offence (IN ending 1385), I impose fine of $5,500; (e) for the s 197 offence (PN ending 2323), I impose a fine of $35,000. Catchwords: SENTENCING — Appeal against sentence — Severity Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Mining Act 1992 Work Health and Safety Act 2011 Cases Cited: R v Borkowski (2009) 195 A Crim R 1 R v Doan (2000) 50 NSWLR 115 R v Thomson & Houlton (2000) 49 NSWLR 383 Category: Principal judgment Parties: Young Mining Company Pty Ltd (Appellant) NSW Resources Regulator (Respondent) Representation: Counsel: D Nagle (Appellant) G Lewer (Respondent)