SafeWork NSW v Linda June Priest [2024] NSWDC 276

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Linda June Priest [2024] NSWDC 276 Hearing dates: 2, 4 July 2024 Date of orders: 11 July 2024 Decision date: 11 July 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: In District Court Proceedings 2022/387532 being a charge under s 32 of the Work Health and Safety Act 2011 (NSW): (1) Linda June Priest is convicted. (2) The appropriate fine is $10,000 but that will be reduced by 15% to reflect the plea of guilty. (3) Order Linda June Priest to pay a fine of $8,500. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order Linda June Priest to pay the prosecutor's costs agreed in the amount of $30,000. In District Court Proceedings 2022/387524 being a charge under s 46 of the Work Health and Safety Act 2011 (NSW): (1) Linda June Priest is convicted. (2) The appropriate fine is $4,000 but that will be reduced by 15% to reflect the plea of guilty. (3) Order Linda June Priest to pay a fine of $3,400. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) No order for costs. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – quad bike – worker rode onto dam wall – bike tipped over – worker struck and trapped – labour hire company – failure to inquire as to the nature of work to be done by labour hires – failure to ensure company undertook risk assessment – failure to ensure protective equipment was installed and provided to workers – failure to consult, co-operate and co-ordinate to ensure safety Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 9, 21A, 22 Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32, 46 Cases Cited: Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 DPP v Gregory [2011] VSCA 145; (2011) 34 VR 1 Green v The Queen [2011] HCA 49; (2011) 244 CLR 462 Jimmy v The Queen [2010] NSWCCA 60; (2010) 77 NSWLR 540 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 SafeWork NSW v Integrated Agricultural Developments Pty Ltd [2024] NSWDC 243 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 WorkCover Authority (Inspector Howard) v Baulderstone Hornibrook Pty Limited [2009] NSWIRComm 92; (2009) 186 IR 125 WorkCover Authority of NSW (Inspector Carmody) v Consolidated Constructions Pty Limited [2001] NSWIR Comm 263; (2001) 109 IR 316 Texts Cited: Australia/New Zealand Standard AS/NZS 1698:2006 – Protective Helmets for Vehicle Users, 20 February 2006 SafeWork NSW, Code of Practice, How to Manage Work Health and Safety Risks, August 2019 SafeWork NSW, The A-Z of Farm Safety, 20 May 2019 Safe Work Australia, Labour Hire: Duties of Persons Conducting a Business or Undertaking, 3 February 2020 Category: Sentence Parties: SafeWork NSW (Prosecutor) Linda June Priest (Defendant) Representation: Counsel: N Evans (Prosecutor) K Averre (Defendant)