SafeWork NSW v Morris, McMahon & Co Pty Limited [2017] NSWDC 349

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Morris, McMahon & Co Pty Limited [2017] NSWDC 349 Hearing dates: 5 December 2017 Date of orders: 11 December 2017 Decision date: 11 December 2017 Jurisdiction: Criminal Before: Judge D. Russell Decision: (1) The offender is convicted. (2) Order the offender to pay a fine of $180,000. (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

OTHER – amputation of fingers in press – machine reset but interlock guarding systems not made operational – need for safety check – need for challenge testing – need for training of operators Legislation Cited: Work Health and Safety Act 2011 Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Regulation 2011 Occupational Health and Safety Act 1983 Cases Cited: Veen v R (No. 2) (1998) 164 CLR 465 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 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 Bulga Underground Operations Pty Limited v Nash (2016) NSWCCA 37 Nash v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96; 93 NSWLR 338 Jahandideh v R [2014] NSWCCA 178 Texts Cited: AS/NZS 3760:2010 In-service safety inspection and testing of electrical equipment