NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Twin Connect Pty Ltd [2024] NSWDC 568 Hearing dates: 27 November 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Twin Connect 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 person undertaking business – duty of employer – risk of death or serious injury – injury to worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – capacity to pay a fine SENTENCING PRINCIPLES - no record of previous convictions - 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 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: SafeWork NSW (Prosecutor) Twin Connect Pty Ltd (Offender) Representation: Counsel: K Curry (Prosecutor) M Shume (Offender)
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