Safe Work (NSW) v Karimbla Constructions Services (NSW) Pty Ltd [2017] NSWDC 68

District Court New South Wales

Medium Neutral Citation: Safe Work (NSW) v Karimbla Constructions Services (NSW) Pty Ltd [2017] NSWDC 68 Hearing dates: 27 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1. The offender is convicted 2. I impose a fine of $135,000. 3. I order that 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 prosecutors costs as agreed in the sum of $27,000. 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 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 – moiety OTHER – Australian standard – fixed stairway – guardrail – handrail – identification of hazard Legislation Cited: Work Health and Safety Act 2011 ss.19(1), 32 Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 21A(2)(g), 21A(3)(e), 21A(3)(h), 21A(3)(i), 21A(3)(k), 21A(3)(m), 22 Fines Act 1996 s. 122(2) Cases Cited: R v Wilkinson (No 5) [2009] NSWSC 432 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Category: Sentence Parties: Safe Work (NSW) (Prosecutor) Karimbla Constructions Services (NSW) Pty Ltd (Defendant) Representation: Counsel: Mr I Taylor SC with Ms E James (Prosecutor) Mr M Davis (Defendant)