Safe Work New South Wales v Waycon Bulk Pty Ltd [2015] NSWDC 254

District Court New South Wales

Medium Neutral Citation: Safe Work New South Wales v Waycon Bulk Pty Ltd [2015] NSWDC 254 Hearing dates: 4 September 2015 Date of orders: 10 September 2015 Decision date: 10 September 2015 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1) In relation to the section 32 offence I impose a fine of $187,500 and in relation to the section 38 offence I impose a fine of $7,500. 2) I order pursuant to section 122(2) Fines Act 1996 that 50% of the fines are to be paid to the prosecutor. 3) I order that the offender pay the prosecutor's costs as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – failure to notify authority SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty COSTS – prosecution costs – moiety of fine OTHER – wood splitting machine – ram lade – splitting blade – safety – modifications to machine – operation - guarding Legislation Cited: Work Health and Safety Act 2011 (NSW) ss 32, 38 Crimes Act 1900 (NSW) s21A Fines Act 1996 (NSW) s6 Trustee Act 1925 (NSW) Cases Cited: Veen v R (No 2) (1988) 164 CLR 465 Baumer v R (1988) 166 CLR 51 Capral Aluminium Limted v Workcover Authority of New South Wales (2000) 49 NSWLR 610 R v Thomson & Houlton (2000) 49 NSWLR 383R v McNaughton (2006) 66 NSWLR 566 R v Wilkinson (No 5) [2009] NSWSC 432 R v Borkowski (2009) 195 A Crim R 1 BW v R [2011] NSWCCA 176 Jahandideh v R [2014] NSWCCA 178 Category: Sentence Parties: Safe Work New South Wales (Prosecutor) Waycon Bulk Pty Ltd (Offender) Representation: Counsel: