SafeWork NSW v Macleay River Protein Pty Limited [2017] NSWDC 204

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Macleay River Protein Pty Limited [2017] NSWDC 204 Hearing dates: 8 August 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Criminal Before: Russell, DCJ Decision: 1 The offender was convicted on 8 August 2017. 2 I impose a fine of $375,000. 3 I order pursuant to s 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 I order that the offender pay the prosecutor's costs agreed in the sum of $32,000. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury

SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – appropriate penalty

SENTENCING PRINCIPLES – totality – remorse – contrition – appropriate penalty

COSTS – prosecution costs Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999; Fines Act 1996 Cases Cited: Veen v R (No. 2) (1998) 164 CLR; R v McNaughton (2006) 66 NSWLR 566; Baumer v R (1998) 166 CLR 51; BW v R [2011] NSWCCA 176; R v Wilkinson (No. 5) [2009] NSWSC 432; Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610; Bulga Underground Operations Pty Limited v Nash (2016) NSWCCA 37; R v Thomson & Houlton (2000) 49 NSWLR 383; R v Borkowski (2009) 195 A Crim R 1; Jahandideh v R [2014] NSWCCA 178; Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 Category: Sentence Parties: SafeWork NSW (Prosecutor) Macleay River Protein Pty Limited (Defendant) Representation: Counsel: Malcolm Scott (Prosecutor) Ms W. Thompson (Defendant)