Safe Work (NSW) v Schaefer Systems International P/L [2016] NSWDC 321

District Court New South Wales

Medium Neutral Citation: Safe Work (NSW) v Schaefer Systems International P/L [2016] NSWDC 321 Hearing dates: 10 November 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1. The offender is convicted. 2. The appropriate fine is one of $150,000 that will be discounted by 20% to take into account the plea of guilty. 3. I impose a fine of $120,000. 4. I order that pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 5. I order that the offender pay the prosecutors costs as agreed or assessed Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – safe work method statement – foreseeability of risk – supervision of work by offender – engagement of sub- contractor for installation – installation shelving system – overall responsibility – risk and hazards – victim unsupervised by offender at time of incident – safety measures available at the time of the incident 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 – penalty – extra curial punishment COSTS – prosecution costs Legislation Cited: Work Health and Safety Act 2011 ss.19(1), 32 Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 21A(3)(e), 21A(3)(g), 21A(3)(i), 21A(3)(k), 21A(3)(m), 22 Fines Act 1996 ss. 6, 122(2) Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Category: Sentence Parties: Safe Work (NSW) (Prosecutor) Schaefer Systems International P/L (Offender) Representation: Counsel: Mr Magee (Prosecutor) Mrs Thompson (Offender)