SafeWork NSW v JD Projects (NSW) Pty Ltd [2024] NSWDC 422

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v JD Projects (NSW) Pty Ltd [2024] NSWDC 422 Hearing dates: 23 August 2024 Date of orders: 16 September 2024 Decision date: 16 September 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 JD Projects (NSW) Pty Ltd is convicted. 2 I impose a fine of $180,000. 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 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 Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 (NSW) Cases Cited: Attorney General's Application No 1 of 2022 (2002) 56 NSWLR 147 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 Category: Sentence Parties: SafeWork NSW (Prosecutor) JD Projects (NSW) Pty Ltd (Offender) Representation: Counsel: N Read (Prosecutor) M Baroni (Offender)