SafeWork NSW v Harris Holdings NSW Pty Ltd; SafeWork NSW v Harry Zizikas [2017] NSWDC 299

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Harris Holdings NSW Pty Ltd; SafeWork NSW v Harry Zizikas [2017] NSWDC 299 Hearing dates: 23 and 27 October 2017 Date of orders: 02 November 2017 Decision date: 02 November 2017 Jurisdiction: Criminal Before: Judge D. Russell Decision: IN RELATION TO HARRIS HOLDINGS NSW PTY LIMITED:

1 The offender is convicted. 2 Order the offender to pay a fine of $300,000. 3 Order that 50% of the fine is to be paid to the prosecutor. 4 Order the offender to pay the prosecutor's costs as agreed or assessed.

IN RELATION TO HARRY ZIZIKAS:

1 The offender is convicted. 2 Order the offender to pay a fine of $60,000. 3 Order that 50% of the fine is to be paid to the prosecutor. 4 Order the offender to pay the prosecutor's costs as agreed or assessed. 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; 93 NSWLR 338 Category: Sentence Parties: SafeWork NSW (Prosecutor) Harris Holdings NSW Pty Ltd (Defendant) Representation: Counsel: M. Scott (Prosecutor) C. Magee (Defendant)