SafeWork NSW v Scopeview Projects Pty Ltd; SafeWork NSW v Cameron Doueihi [2024] NSWDC 323

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Scopeview Projects Pty Ltd; SafeWork NSW v Cameron Doueihi [2024] NSWDC 323 Hearing dates: 23 July 2024 Date of orders: 7 August 2024 Decision date: 07 August 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: In District Court Proceedings 2022/376706: (1) Scopeview Projects Pty Ltd was convicted on 23 July 2024. (2) The appropriate fine is $500,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Scopeview Projects Pty Ltd to pay a fine of $375,000. (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 Scopeview Projects Pty Ltd to pay the prosecutor's costs. In District Court Proceedings 2022/376686: (1) Cameron Doueihi was convicted on 23 July 2024. (2) The appropriate fine is $80,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Cameron Doueihi to pay a fine of $60,000. (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 Cameron Doueihi to pay the prosecutor's 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 – demolition and excavation work – masonry brick walls – digging trenches around old walls – no structural assessment of walls – no risk assessment for unplanned collapses – failure to brace walls – wall collapse – two walls collapsed in preceding weeks Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22, 27, 28, 30A, 30B, 30D, 30E Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 27, 31, 32 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 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 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 Rahme Civil Pty Ltd [2024] NSWDC 231 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: SafeWork NSW Code of Practice, Demolition Work, August 2019 SafeWork NSW Code of Practice, Excavation Work, January 2020 Category: Sentence Parties: SafeWork NSW (Prosecutor) Scopeview Projects Pty Ltd (Defendant) Cameron Doueihi (Defendant) Representation: Counsel: C Magee (Prosecutor) P Barry (Defendants)