Safe Work NSW v Ceerose Pty Ltd [2017] NSWDC 313

District Court New South Wales

Medium Neutral Citation: Safe Work NSW v Ceerose Pty Ltd [2017] NSWDC 313 Hearing dates: 25 October 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 I impose a fine of $300,000. 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 or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – injury to worker SENTENCE – mitigating factors – aggravating factors – fine – 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 – injuries to victim – pelvic injuries – thoracic vertebrae injury – rehabilitation of victim – ongoing difficulties Legislation Cited: Work Health and Safety Act 2011 s.19(2), 32 Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 21A(2)(d), 21A(2)(g), 21A(3)(i), 21A(3)(k), 21A(3)(m) Fines Act 1996 ss. 6, 122(2) Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v McNaughton (2006) 66 NSWLR 566 R v Youkhana [2004] NSWCCA 412 R v Tuala [2015] NSWCCA 8 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Category: Sentence Parties: Safe Work NSW (Prosecutor) Ceerose Pty Ltd (Offender) Representation: Counsel: Ms P McEinery (Prosecutor) Mrs W Thompson (Offender)