WorkCover Authority of NSW (Inspector Moore) v E & T Bricklaying Pty Ltd [2016] NSWDC 16

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of NSW (Inspector Moore) v E & T Bricklaying Pty Ltd [2016] NSWDC 16 Hearing dates: 24 February 2016 Date of orders: 24 February 2016 Decision date: 24 February 2016 Jurisdiction: Criminal Before: KEARNS DCJ Decision: Order that: E & T be fined the sum of $80,000; Mr Kose be fined the sum of $10,000. In both instances a moiety is to be paid to the prosecutor. Order the defendants to pay the prosecutor's costs. Catchwords: Sentencing – defendants convicted for offences under Work Health and Safety Act 2011 ss 19(1)a, 27 and 32 – purposes of sentencing – ss 3A and 21A Crimes (Sentencing Procedure) Act 1999 – gravity of the offence – foreseeability of the risk of injury – foreseeability of the consequences of the risk coming home – whether measures available to avoid risk – application of the principle of parity – culpability of defendants – position and responsibility of defendant on worksite – whether general deterrence should be taken into account in sentencing – specific deterrence – whether an order under s 10A(1) of the Crimes (Sentencing Procedure) Act or s 239 of the Work Health and Safety Act should be made in respect of the individual defendant – no evidence of remorse or contrition – no prior convictions – victim impact statement Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999 Cases Cited: WorkCover Authority of NSW (Inspector Moore) v E & T Bricklaying Pty Ltd [2015] NSWDC 369; WorkCover Authority of New South Wales v JMW Developments Pty Limited [2015] NSWDC 259 Category: Sentence Parties: WorkCover Authority of New South Wales (Prosecutor) E & T Bricklaying Pty Ltd (Defendant 13/379508) Eyup Kose (Defendant 13/379523) Representation: Counsel: Mr B Neild, instructed by WorkCover Authority of New South Wales, appeared for the prosecutor Dr S Bogan, instructed by Criminal Defence Group, appeared for the defendants File Number(s): 2013/379508; 2013/379523