SafeWork NSW v Ceerose Pty Ltd [2016] NSWDC 184

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Ceerose Pty Ltd [2016] NSWDC 184 Hearing dates: 15 July 2016 Date of orders: 24 August 2016 Decision date: 24 August 2016 Jurisdiction: Criminal Before: KEARNS DCJ Decision: The defendant is convicted and fined the sum of $300,000 with a moiety to the Prosecutor. The defendant is to pay the Prosecutor's costs in an agreed sum of $60,000. Catchwords: Work Health and Safety Act 2011 ss 19(1), 32 – plea of guilty – unsecured skylight fell 11 metres onto worker – fatal injuries – defendant was head contractor on building site where worker was injured – whether risk was reasonably foreseeable – foreseeability of consequences of risk – measures readily available to eliminate the risk – whether the short period of time the risk was in place lessens the culpability of the defendant – whether the defendant's culpability may be limited by reference to the higher culpability of others – whether the defendant can rely on the contractual obligations of a third party in diminishment of its culpability – high risk industry – mid-range objective seriousness – specific and general deterrence – improved safety systems post-incident – one prior conviction – regret and remorse of defendant – plea of guilty entered at first available opportunity – good corporate standing of defendant – cooperating with regulator – allowance for defendant's liability to pay prosecutor's costs – use of victim impact statements Legislation Cited: Work Health and Safety Act 2011 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Inspector Ching v Hy-Tec Industries Pty Ltd [2010] NSWIRComm 73 Inspector Howard v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92 WorkCover Authority of New South Wales v JMW Developments Pty Limited [2010] NSWDC 259 TNT Australia Pty Limited v Christie (2003) 65 NSWLR 1 R v Turnbull [2016] NSWSC 847 Category: Sentence Parties: SafeWork New South Wales (prosecutor) Ceerose Pty Ltd (defendant) Representation: Counsel: Mr J Agius SC with Mr B Docking, instructed by SafeWork NSW, appeared for the prosecutor Mr P Ginters, instructed by Moray & Agnew, appeared for the defendant File Number(s): 2015/84866