SafeWork NSW v Newcastle Stevedores Pty Ltd [2016] NSWDC 294

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Newcastle Stevedores Pty Ltd [2016] NSWDC 294 Hearing dates: 17 October 2016 Decision date: 28 October 2016 Jurisdiction: Criminal Before: Kearns DCJ Decision: The defendant is convicted and fined the sum of $150,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs as agreed or assessed. Catchwords: CRIMINAL LAW; workplace prosecution; plea of guilty; loading of aluminium ingot packs into hold of ship; system of loading and packing; ladders provided for climbing up or down the aluminium ingot packs but use of ladders not mandated; exclusion zones; sling straps and ratcheting of packs not undertaken; worker climbing on aluminium ingot packs instead of using ladder when stacks of ingots started to move and topple falling on worker and fatally injuring him; extensive systems in place before incident; changes to system after incident; offence at top end of low culpability; general and specific deterrence; death an aggravating factor; subjective factors; costs taken into account; fine of $200,000 reduced by 25% for guilty plea Legislation Cited: Work Health and Safety Act 2011 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Inspector Nash v Macmahon Mining Services Pty Limited (re Junk) [2016] NSWDC 171 Category: Sentence Parties: SafeWork New South Wales (prosecutor) Newcastle Stevedores Pty Limited (defendant) Representation: Counsel: Mr C Magee, instructed by SafeWork NSW Legal Services, appeared for the prosecutor Mr D O'Neil, instructed by HWL Ebsworth Lawyers, appeared for the defendant File Number(s): 2014/75543