SafeWork NSW v Pegela Rural Enterprises Pty Ltd [2016] NSWDC 142

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Pegela Rural Enterprises Pty Ltd [2016] NSWDC 142 Hearing dates: 4 July 2016 Date of orders: 07 July 2016 Decision date: 07 July 2016 Jurisdiction: Criminal Before: KEARNS DCJ Decision: The defendant is convicted and fined the sum of $90,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs in the sum of $29,700. Catchwords: Work Health and Safety Act 2011 ss 19(1), 32 – criminal law – work health and safety – duty of person conducting a business or undertaking – duty of employers – death of employee – worker crushed between earthmoving machinery – hoe incorrectly attached to skid steer – experienced worker – gravity of the offence – foreseeability – measures available to minimise risk – defendant's culpability relatively low – general deterrence – specific deterrence – good corporate standing of defendant – plea of guilty – remorse – victim impact statement – no prior convictions – discount for early guilty plea Legislation Cited: Work Health and Safety Act 2011 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: SafeWork NSW (prosecutor) Pegela Rural Enterprises Pty Ltd (defendant) Representation: Counsel: Ms A Mitchelmore, instructed by SafeWork NSW, appeared for the prosecutor Mr B Hodgkinson SC with Mr B Fogarty, instructed by Gilbert & Tobin, appeared for the defendant File Number(s): 2015/162064

Judgment

The charge and plea 1. Pegela Rural Enterprises Pty Ltd (Pegela) is charged that on 4 June 2013 contrary to s 32 of the Work Health and Safety Act 2011 it breached a duty imposed on it under s 19(1). Pegela has pleaded guilty to the charge.