Workcover v Brandown Pty Ltd [2015] NSWDC 261

District Court New South Wales

Medium Neutral Citation: Workcover v Brandown Pty Ltd [2015] NSWDC 261 Hearing dates: 22 April 2015 Date of orders: 27 April 2015 Decision date: 27 April 2015 Jurisdiction: Criminal Before: Judge AC Scotting Decision: (1) The offender is convicted and I impose a fine of $90,000. (2) I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (3) To give effect to the agreement of the parties, I order that the offender pay the prosecutor's costs in the sum of $37,000. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of employee SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty COSTS – prosecution costs OTHER – dirt and brick recycling – plant – operator – guarding – conveyor – isolating switch – safety – removal – inadequate supervision Legislation Cited: Occupational Health and Safety Act 2000 (NSW) ss. 8(1), 12(b) Crimes Act 1900 (NSW) s.21A Fines Act 1996 (NSW) s.6 Mines Inspection Act 2001 Work Health and Safety Act 2011 Cases Cited: Veen v R (No 2) (1988) 164 CLR 465 R v McNaughton (2006) 66 NSWLR 566 Baumer v R (1988) 166 CLR 51 BW v R [2011] NSWCCA 176 R v Wilkinson (No 5) [2009] NSWSC 432 Capral Aluminium Limted v Workcover Authority of New South Wales (2000) 49 NSWLR 610 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Category: Sentence Parties: Workcover Authority (Prosecutor) Brandown Pty Ltd (Offender) Representation: Counsel: