SafeWork (NSW) v Romanous Contractors; SafeWork (NSW v John Allen Romanous [2016] NSWDC 48

District Court New South Wales

Medium Neutral Citation: SafeWork (NSW) v Romanous Contractors; SafeWork (NSW v John Allen Romanous [2016] NSWDC 48 Hearing dates: 16, 24 March 2016 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1. Romanous Contractors is convicted. 2. I impose a fine of $425,000. 3. I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4. I order that Romanous Contractors pay the prosecutions costs as agreed or assessed. 5. John Allen Romanous is convicted. 6. I impose a fine of $85,500. 7. I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 8. I order that John Allen Romanous pay the prosecutions 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 – death of employee SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general – credit – character - deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty COSTS – prosecution costs Legislation Cited: Work Health and Safety Act 2011 ss.19, 32 Crimes (Sentencing Procedure) Act 1999 ss. 21A(2)(e), 21A(2)(g), 21A(3)(k), Fines Act 1996 ss. 6, 122(2) Work health and Safety Regulations 2011 cl.299 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 Environmental Protection Agency v Barnes [2006] NSWCCA 246 Jahandideh v R [2014] NSWCCA 178 Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v Olbrich (1999) 199 CLR 270 Plunkett v Bull (1915) 19 CLR 544 Category: Sentence Parties: SafeWork (NSW) (Prosecutor) Romanous Contractors (Offender) John Allen Romanous (Offender) Representation: Counsel: Ms McDonald SC with Mr Moir (Prosecutor) Mr Seck (Offenders)