SafeWork NSW v Woods [2023] NSWDC 510

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Woods [2023] NSWDC 510 Hearing dates: 22 November 2023 Date of orders: 22 November 2023 Decision date: 22 November 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Wade Woods is convicted. 2 The proceedings are adjourned until 21 November 2025 and the offender is released on giving an undertaking pursuant to s 239 Work Health and Safety Act 2011 on the following conditions: (a) The offender must appear before the Court if called on to do so during the period of the adjournment; (b) The offender is to be of good behaviour and not commit any offence against the Act on the period of the adjournment; (c) The offender is to seek treatment from a psychiatrist and a psychologist for his mental condition for the period of the adjournment and accept all reasonable directions from those medical practitioners for the treatment of his condition at such intervals as recommended by those medical practitioners, including by taking medication as prescribed by a general practitioner or psychiatrist; (d) The offender is to provide evidence to SafeWork NSW that he is receiving treatment from a psychiatrist and a psychologist for his mental health on or before 22 February 2024; (e) The offender is to provide evidence to the Court on or before 14 November 2025 that he has received treatment from a psychiatrist and a psychologist, as recommended by those medical practitioners, during the course of the adjournment; (f) The offender is to notify the Registrar of the District Court at the Downing Centre of any change of address for service during the term of the Undertaking. 3 The offender is to pay the prosecutor's costs of the proceedings as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine - 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 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 Category: Sentence Parties: SafeWork NSW (Prosecutor) Wade Woods (Offender) Representation: Counsel: A Mykkeltvedt (Prosecutor) I Latham (Offender)