SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74 Hearing dates: 13 and 27 February 2024; 1 March 2024 Date of orders: 11 March 2024 Decision date: 11 March 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Marist Youth Care Limited is convicted. 2 I impose a fine of $300,000. 3 The offender is to pay the prosecutor's costs of the proceedings as agreed in the sum of $140,000. 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 serious injury – injury to workers SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors - appropriate penalty SENTENCING PRINCIPLES - no record of previous convictions - good prospects of rehabilitation - remorse - plea of guilty Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 (NSW) Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 GAS v The Queen (2004) 217 CLR 198 R v Bakewell NSWCCA unreported 27 June 1996). R v Borkowski (2009) 195 A Crim R 1 R v Crowley [2004] NSWCCA 256 R v FV [2006] NSWCCA 237 R v H [2005] NSWCCA 282 R v Olbrich (1999) 199 CLR 270 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Weininger v The Queen (2003) 212 CLR 629 Category: Sentence Parties: SafeWork NSW (Prosecutor) Marist Youth Care Limited (Defendant) Representation: Counsel: B Docking (Prosecutor) B Hodgkinson AM SC (Defendant)