SafeWork (NSW) v Gregory Paul Dunn [2016] NSWDC 212

District Court New South Wales

Medium Neutral Citation: SafeWork (NSW) v Gregory Paul Dunn [2016] NSWDC 212 Hearing dates: 12 September 2016 Date of orders: 12 September 2016 Decision date: 12 September 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1. The offender is convicted 2. I impose a fine of $160,000. 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 the offender pay the prosecutor's costs as agreed in the sum of $26,500. 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 - foreseeability of risk - danger SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty – extra curial punishment COSTS – prosecution costs OTHER - tractor - roll over - crushing incident - roll over protective structure - slasher - work method Legislation Cited: Work Health and Safety Act 2011 ss.21(2), 32 Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 21A(2)(g), 21A(3)(f), 21A(3)(k), 21A(3)(m), 28(4) Fines Act 1996 ss. 6, 122(2) Cases Cited: R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Jahandideh v R [2014] NSWCCA 178 Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Category: Sentence Parties: Safe Work (NSW) (Prosecutor) Gregory Paul Dunn (Offender) Representation: Counsel: Ms James (Prosecutor)