Safe Work NSW v New South Wales Sugar Milling Co-operative Limited [2017] NSWDC 230

District Court New South Wales

Medium Neutral Citation: Safe Work NSW v New South Wales Sugar Milling Co-operative Limited [2017] NSWDC 230 Hearing dates: 14 August 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 I impose a fine of $42,500. 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 in the agreed sum of $92,500 Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – risk of immolation – fire protection – safety procedure – igniting of boiler – electrical generation – safety guidelines 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 OTHER – bagasse – diesel – ignition Legislation Cited: Work Health and Safety Act 2011 ss.19, 32 Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 10, 21A(2)(d), 21A(3)(i), 21A(3)(k), 21A(3)(m), Fines Act 1996 ss. 6, 122(2) Cases Cited: 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 Cobiac v Liddy (1969) 119 CLR 257 R v Nguyen [2002] NSWCCA 183 Category: Sentence Parties: Safe Work NSW (Prosecutor) New South Wales Sugar Milling Co-operative Limited (Offender) Representation: Counsel: Mr M Cahill (Prosecutor) Mrs W Thompson (Offender)