SafeWork NSW v Travis Brown [2017] NSWDC 337

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Travis Brown [2017] NSWDC 337 Hearing dates: 16 November 2017 Date of orders: 24 November 2017 Decision date: 24 November 2017 Jurisdiction: Criminal Before: Judge D. Russell Decision: In relation to the offence under s 19(1) of the Work Health and Safety Act 2011:

(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 agreed in the sum of $21,455.88.

In relation to the offence under s. 38(1) of the Work Health and Safety Act 2011:

(1) The offender is convicted. (2) Order the offender to pay a fine of $1,500. (3) Order that 50% of the fine is to be paid to the prosecutor. 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

OTHER – fall from height – need for risk assessment – need for falls prevention system 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 Texts Cited: Managing Risks of Falls at Workplaces National Code of Practice For The Prevention of Falls in General Construction Category: Sentence Parties: SafeWork NSW (Prosecutor) Travis Brown (Defendant) Representation: Counsel: Ms P. McEniery (Prosecutor) Mr B. Taylor (Defendant)