NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Stitt [2024] NSWDC 396 Hearing dates: 20 August 2024 Date of orders: 02 September 2024 Decision date: 02 September 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Jason Reid Stitt is convicted. 2 I impose a fine of $100,000. 3 I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 The offender is to pay the prosecutor's costs of the proceedings as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of 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 - assistance to law enforcement authorities WORK HEALTH AND SAFETY – workers not qualified to erect scaffolding Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 (NSW) Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v Jason Stitt [2024] NSWDC 255 Category: Sentence Parties: SafeWork NSW (Prosecutor) Jason Stitt (Offender) Representation: Counsel: C Magee (Prosecutor) M Baroni (Offender)
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