SafeWork NSW v United Roof Tiling Pty Ltd [2017] NSWDC 14

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v United Roof Tiling Pty Ltd [2017] NSWDC 14 Hearing dates: 06 February 2017 Decision date: 14 February 2017 Jurisdiction: Criminal Before: Kearns DCJ Decision: The defendant is convicted and fined the sum of $120,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs in the sum of $19,000. Catchwords: CRIME – WORK HEALTH AND SAFETY – roof tiler employed by the defendant – worker fell two storeys to the ground and sustained serious injury – other workers fell without sustaining injury – awning not properly supported – no safety rails, harnesses or nets – defendant had SWMS but did not follow it – risk identified by defendant's director shortly before incident – general and specific deterrence – plea of guilty delayed – parity of sentence inapplicable as to other person charged – s 10 inappropriate as offence not trivial with potential fatal consequences and several persons at risk and defendant's director aware of the risk, left worksite without risk being addressed – whether costs payable by defendant to prosecutor may be taken into account - discount of 20% Legislation Cited: Work Health and Safety Act 2011 – Crimes (Sentencing Procedure) Act 1999 – Fines Act 1996 – Work Health and Safety Regulation 2011 Category: Sentence Parties: SafeWork NSW (Prosecutor); United Roof Tiling Pty Ltd (Defendant) Representation: Counsel: Mr P Gow appeared for the Prosecutor; Mr I Latham appeared for the Defendant

Solicitors: SafeWork NSW Legal Services for the prosecutor; Lawpoint for the defendant File Number(s): 2016/144467