SafeWork NSW v Multiquip Poultry Pty Ltd [2025] NSWDC 15

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Multiquip Poultry Pty Ltd [2025] NSWDC 15 Hearing dates: 16 December 2024 Date of orders: 12 February 2025 Decision date: 12 February 2025 Jurisdiction: Criminal Before: Scotting DCJ Decision: Penalty – Multiquip Poultry Pty Ltd 1 Multiquip Poultry Pty Ltd is convicted. 2 I impose a fine of $300,000. Penalty – Poultry Enterprises NSW Pty Ltd 3 Poultry Enterprises NSW Pty Ltd is convicted. 4 I impose a fine of $300,000. 5 The offenders are to pay the prosecutor's costs of the proceedings, as agreed or assessed. 6 I order that pursuant to s 122(2) Fines Act 1996 that 50% of each 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 – death of worker SENTENCING - objective seriousness - deterrence - aggravating factors - mitigating factors – appropriate penalty 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 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Texts Cited: Australian Standard AS 4602 High Visibility Safety Garments – Class Day/Night Category: Sentence Parties: SafeWork NSW (Prosecutor) Multiquip Poultry Pty Ltd (Defendant) Poultry Enterprises Pty Ltd (Defendant) Representation: Counsel: N Read with T Woods (Prosecutor) P Barry (Defendants)