Inspector Sandra McCarthy (nee Shaw) (WorkCover Authority of New South Wales) v Siva & Jeya Pty Ltd and Mathiaparanam [2015] NSWDC 396

District Court New South Wales

Medium Neutral Citation: Inspector Sandra McCarthy (nee Shaw) (WorkCover Authority of New South Wales) v Siva & Jeya Pty Ltd and Mathiaparanam [2015] NSWDC 396 Hearing dates: 18 August 2015 Date of orders: 18 August 2015 Decision date: 18 August 2015 Jurisdiction: Criminal Before: KEARNS DCJ Decision: I fine the company the sum of $80,000 with a moiety to the prosecutor. I fine Siva the sum of $8,000 with a moiety to the prosecutor. The company is to pay the prosecutor's costs in the sum of $75,000. Siva is to pay the prosecutor's costs in the sum of $25,000. Catchwords: Sentencing; foreseeability; use of flammable material with explosive potential; no prior convictions Legislation Cited: Crimes (Sentencing Procedure) Act 1999; Fines Act 1996 Category: Sentence Parties: Inspector Sandra McCarthy (nee Shaw) (WorkCover Authority of New South Wales) (Prosecutor) Siva & Jeya Pty Ltd t/a The Blue Elephant Restaurant and Siva Kumaran Mathiaparanam (Defendants) Representation: Mr C Magee, instructed by DLA Piper Australia, appeared for the prosecutor Mr D O'Neil, instructed by Gnana-Karan Solicitors, appeared for the defendant File Number(s): 12/163779; 12/163807

Judgment 1. I have found the defendants guilty of the offences charged in the summonses. The findings are in relation to several of the particulars spelled out in the summonses. The defendants have been convicted. The matters are before me for sentence.

THE FACTS 1. The facts are sufficiently set out in the judgments delivered on 5 February 2015. There is no need to repeat them. The parties are familiar with them.