SafeWork New South Wales v Pickles Auctions Pty Limited [2016] NSWDC 111

District Court New South Wales

Medium Neutral Citation: SafeWork New South Wales v Pickles Auctions Pty Limited [2016] NSWDC 111 Hearing dates: 8 June 2016 Date of orders: 08 June 2016 Decision date: 08 June 2016 Jurisdiction: Criminal Before: KEARNS DCJ Decision: The offender is convicted and fined the sum of $255,000. There is to be a moiety to the prosecution and the offender is to pay the prosecutor's costs as agreed or assessed. Catchwords: Sentencing; risk of death or serious injury; forklift; fatal injuries; foreseeability of the risk of injury; prior conviction; Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: SafeWork New South Wales, Prosecutor Pickles Auctions Pty Limited, Defendant Representation: Counsel: Mr M Moir, instructed by SafeWork New South Wales, appeared for the Prosecutor Mr P J Gow, instructed by Robertson Saxton Primrose Dunn, appeared for the Defendant File Number(s): 2014/77317

Judgment

THE CHARGE AND THE PLEA 1. By amended summons, Pickles Auctions Pty Limited, is charged that on 20 March 2013 at 20‑21 Woorang Street, Milperra, being a person conducting a business or undertaking, who had a health and safety duty under s 19 of the Work Health and Safety Act 2011, to ensure so far as reasonably practicable, the health and safety of workers engaged by it, while they were at work in the business or undertaking, it failed to comply with that duty. The failure exposed Dean Jeffs and Jonathan Webster, to a risk of death or serious injury, contrary to s 32 of the Act. Pickles has pleaded guilty as charged in the amended summons. 2. Mr Gow, who appears for Pickles, has informed me that Mr Timothy Pickles, Mr Maclennan, I think it was, and Mr Avramis, officers in the management of Pickles, are present in court for the purpose of these proceedings. Mr Moir, who appears for SafeWork, has informed me that Ms Jeffs is present.