SafeWork NSW v L&N Properties Pty Limited [2023] NSWDC 512

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v L&N Properties Pty Limited [2023] NSWDC 512 Hearing dates: 17 November 2023 Date of orders: 23 November 2023 Decision date: 23 November 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 L&N Properties Pty Ltd is convicted. 2 Taking into account the principle of totality and the offender's limited capacity to pay, I impose fines of $50,000 for each offence. 3 The total fines payable amount to $100,000. 4 I order pursuant to s 122(2) Fines Act 1996 that 50% of the fines are to be paid to the prosecutor. 5 The offender is to pay the prosecutor's costs of the proceedings in the sum of $30,000. 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 Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 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) L&N Properties Pty Limited (Offender) Representation: Counsel: M Scott (Prosecutor) I Latham (Offender)