SafeWork NSW v Burke [2025] NSWDC 29

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Burke [2025] NSWDC 29 Hearing dates: 06 February 2025 Date of orders: 24 February 2025 Decision date: 24 February 2025 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Bede Burke is convicted. 2 I impose a fine of $30,000 for the s 32 offence and pursuant to s 10A Crimes (Sentencing Procedure) Act 1999 I impose no further penalty for the s 38 and s39 offences. 3 I will defer making a costs order until there is agreement on the appropriate quantum or pending further argument. 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 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 - 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 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: Australian Standard 2359.1 - Powered Industrial Trucks Part 1: General Requirements Australian Standard 4024.3610:2015 Safety of Machinery Part 3610: Conveyors - General Requirements Managing the Risk of Falls at Workplaces - August 2019 SafeWork Fact Sheet Machine Safety- Starts with You AS 2359.1-2015: Powered industrial trucks - General requirements Category: Sentence Parties: SafeWork NSW (Prosecutor) Bede Burke (Offender) Representation: Counsel: M Moir (Prosecutor) M Shume (Offender)