SafeWork NSW v Grant [2017] NSWDC 99

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Grant [2017] NSWDC 99 Hearing dates: 4 May 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Before: Kearns DCJ Decision: The defendant is convicted and fined the sum of $80,000 with a moiety to the prosecutor. The defendant is to pay the prosecutor's costs as agreed or assessed. Catchwords: CRIME – work health and safety – Category 2 offence – guilty plea – no prior conviction – arborist services – dead tree – tree felling – worker attached to falling tree; others working on the ground – serious injury including severe brain injury – foreseeability – aggravating factors – specific deterrence – general deterrence – mitigating factors – remorse - discount Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999; Fines Act 1996 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Category: Sentence Parties: SafeWork New South Wales (prosecutor); Alexander Gregory Bennet Grant Representation: Counsel: Mr M Cahill (prosecutor); Mr G Stanton (defendant). Solicitors: SafeWork NSW (prosecutor); AJL Legal (defendant) File Number(s): 2016/21118

After I heard submissions on sentence last Thursday, I stated that I would deliver my reasons on sentence at 11.00am today. The Court has been ready since shortly before 11.00am and I have been in a position since then to deliver my reasons. I have delayed coming into Court a short while as I was informed neither the defendant nor his solicitor were present. Attempts have been made to contact the solicitor in light of that absence, but those attempts have not been successful. I have come onto the Bench with a view to delivering my reasons and there is still no appearance for the defendant. The matter has been called outside the Court and there is still no appearance for the defendant. From today, I shall be unavailable for a period of about seven weeks. It is appropriate in the circumstances that I deliver my reasons and shall proceed to do so now. P.S. Very shortly after delivery of my reasons, I was attended in chambers by Counsel for both parties. They had learned of the absence of an appearance for the defendant and both then attended on me promptly. I had overlooked that on the prior occasion I had excused Counsel from attendance today. I may have created confusion by excusing everyone. I have made these remarks not because I consider there has been any discourtesy to the Court, but because in delivering reasons in the absence of an appearance for the defendant, I thought I should record the circumstances.