SafeWork NSW v Laggner Constructions Pty Ltd [2024] NSWDC 204

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Laggner Constructions Pty Ltd [2024] NSWDC 204 Hearing dates: 29 May 2024 Date of orders: 03 June 2024 Decision date: 03 June 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Laggner Constructions Pty Ltd is convicted. 2 I impose a fine of $75,000. 3 The offender is to pay the prosecutor's costs of the proceedings, as agreed or assessed. 4 I order that 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 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 corporate citizen - good prospects of rehabilitation - remorse - plea of guilty Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 (NSW) 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) Laggner Constructions Pty Ltd (Offender) Representation: Counsel: S McGee (Prosecutor) B Rauf (Offender)