SafeWork NSW v HMR Supplies Pty Ltd [2025] NSWDC 25

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v HMR Supplies Pty Ltd [2025] NSWDC 25 Hearing dates: 04 February 2025 Date of orders: 19 February 2025 Decision date: 19 February 2025 Jurisdiction: Criminal Before: Scotting DCJ Decision: Penalty – HMR Supplies Pty Ltd 1 HMR Supplies Pty Ltd is convicted. 2 The appropriate fine for the s 32 offence is $150,000. 3 The appropriate fine for the s 38 offence is $5,000. 4 The appropriate fine for the s 39 offence is $5,000. 5 The appropriate fine for the s 43(2) offence is $5,000. 6 The total amount of fines imposed on HMR is $165,000. Penalty – Mr Campbell 7 Berry Campbell is convicted. 8 The appropriate fine for the s 32 offence is $45,000. Penalty – Ms Campbell 9 Georgia Campbell is convicted. 10 The appropriate fine for the s 32 is $5,000. 11 The appropriate fine for the s 43(1) offence is $6,000 that will be reduced by 25% to give effect to the plea of guilty. By reference to Ms Campbell's limited capacity to pay, I will not impose a fine pursuant to s 10A Crimes (Sentencing Procedure) Act 1999. 12 The total amount of fines imposed on Ms Campbell is $5,000. 13 I order that Ms Campbell complete the Certificate IV in Work Health and Safety Course at TAFE NSW on or before 18 February 2026 (the Training Order). 14 I order that Ms Campbell provide evidence of her completion of the Training Order to SafeWork NSW on or before 18 February 2026. Other Orders 15 I order that the offenders pay the prosecutor's costs of the proceedings, as agreed or assessed. 16 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 – injury to worker 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 - assistance to law enforcement authorities Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 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 Texts Cited: General Guide for Workplace Traffic Management SafeWork Australia General Guide for Industrial Lift Trucks (dated 2 July 2014) SafeWork Australia General Guide for Workplace Traffic Management SafeWork Australia Traffic Management Information Sheet SafeWork Forklift Safety Guide (dated 2 March 2020) SafeWork Forklift Safety, Separation Poster (dated 2 March 2020) Category: Sentence Parties: SafeWork NSW (Prosecutor) HMR Supplies Pty Ltd (Offender) Berry Campbell (Offender) Georgia Campbell (Offender) Representation: Counsel: M Scott (Prosecutor) J Peluso (Offenders)