SafeWork NSW v Avant Stone Pty Ltd [2024] NSWDC 507

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Avant Stone Pty Ltd [2024] NSWDC 507 Hearing dates: 22 October 2024 Date of orders: 31 October 2024 Decision date: 31 October 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Avant Stone Pty Ltd is convicted. (2) The appropriate fine is $600,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order Avant Stone Pty Ltd to pay a fine of $450,000. (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 Avant Stone Pty Ltd 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 – heavy stone slabs stored on A-frames – lack of safety bars to stop slabs tipping – no documented safety system – no supervision or spotting provided when workers were moving stone slabs using overhead crane – worker crushed by stone slabs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22 Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32 Work Health and Safety Regulation 2017 (NSW) cll, 54, 55, 203, 219 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 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Texts Cited: Australian Standard 2550.1-2011, Cranes, hoists and winches – Safe use Part 1: General requirements SafeWork NSW Code of Practice, Managing the risks of plant in the workplace, August 2019 SafeWork NSW Incident Information Release, Worker crushed by stone slabs, 5 November 2021 SafeWork NSW Incident Information Release Worker crushed by stone slabs, 20 December 2021 Safe Work Australia Code of Practice, Hazardous Manual Tasks, October 2018 Safe Work Australia, Falling Objects Fact Sheet, February 2012 Category: Sentence Parties: SafeWork NSW (Prosecutor) Avant Stone Pty Ltd (Defendant) Representation: Counsel: N Evans (Prosecutor) R Coffey (Defendant)