WorkCover Authority of New South Wales v Construere Projects Pty Limited [2014] NSWDC 310

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of New South Wales v Construere Projects Pty Limited [2014] NSWDC 310 Hearing dates: 15 December 2014 Decision date: 15 December 2014 Jurisdiction: Criminal Before: Kearns SC DCJ Decision: The defendant is convicted. The defendant is fined the sum of $37,500. I direct that moiety of the sum to be paid to the prosecutor. The defendant is to pay the prosecutor's costs agreed in the sum of $17,500. Catchwords: OCCUPATIONAL HEALTH AND SAFETY - duty to ensure health and safety of workers SENTENCING - plea of guilty - appropriate discount - mitigating factors - foreseeability - circumstances – remorse - deterrence OTHER – installation of air conditioning unit – installer not qualified – that fact not known to defendant – defendant did not check installer's qualifications – circumstances explaining that lack of check – electrocution of installer – installer was the brother-in-law of Defendant's sole director – unusual circumstances in retention of installer – profound psychological effect on Defendant's sole director - significant remorse Legislation Cited: Work Health and Safety Act 2011, Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: WorkCover Authority of New South Wales (Prosecutor); Construere Projects Pty Limited (Defendant) Representation: Counsel: Mr P Ginters, instructed by WorkCover NSW, appeared for the Prosecutor; Mr S.A. Adair, instructed by Danny Eid Lawyers, appeared for the Defendant

Solicitors: File Number(s): 2014/105227

SENTENCE