NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Buildmark Developments Pty Ltd [2024] NSWDC 439 Hearing dates: 30 August 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Buildmark Developments Pty Ltd is convicted. 2 I impose a fine of $12,000. 3 I order that pursuant to s 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 Mark John Khoury is convicted. 5 I order that on or before 15 August 2025 that Mr Khoury: (a) complete the Certificate IV in Work Health and Safety course provided by The Management Edge Pty Ltd trading as TME Training; (b) undertake the Work Health and Safety Due Diligence for CEOs, Directors and Managers training course provided by Coastal OHS Services Pty Ltd trading as Leading Safety Training; and (c) view the SafeWork NSW Webinar for Construction Site Supervisors. 6 I order that Mr Khoury enter into a WHS Undertaking pursuant to section 239 Work Health and Safety Act 2011. 7 Matter adjourned to 22 September 2025. 8 The offenders are 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 SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine – Training Order – Work Health and Safety Undertaking SENTENCING PRINCIPLES - no record of previous convictions – good character - good prospects of rehabilitation - remorse - plea of guilty - assistance to law enforcement authorities 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 Category: Sentence Parties: SafeWork NSW (Prosecutor) Buildmark Developments Pty Ltd (Defendant) Mark Khoury (Defendant) Representation: Counsel: K Curry (Prosecutor) A Parsons (Defendants)
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