SafeWork NSW v H&F Mechanical Pty Ltd, Hoffman and Hoffman [2018] NSWDC 6

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v H&F Mechanical Pty Ltd, Hoffman and Hoffman [2018] NSWDC 6 Hearing dates: 8 November 2017 Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Criminal Before: Kearns DCJ Decision: Each defendant is convicted. H&F is fined $160,000. Max Hoffman is fined $32,000. Laurence Hoffman is fined $32,000. In each case, there is to be a moiety to the prosecutor under s 122 of the Fines Act 1996. Each defendant is to pay an agreed sum of $10,000 towards the prosecution costs. Catchwords: CRIMINAL LAW – prosecution – work health and safety SENTENCE – objective seriousness – wood processing plant modified thereby removing safety feature – plant operated in that mode for over three months – exposure to risk of serious injury – worker not provided with operator's manual – deterrence – plea of guilty – co-operation with regulator – Fines Act s6 – Crimes (Sentencing Procedure) Act ss 10, 10A Legislation Cited: Work Health and Safety Act 2011; Crimes (Sentencing Procedure) Act 1999; Fines Act 1996 Category: Sentence Parties: SafeWork NSW (prosecutor); H&F Mechanical Pty Ltd, Laurence Hoffman, Max Hoffman (defendants) Representation: Counsel: Mr D Nagle appeared for the prosecutor; Mr I Latham, appeared for the defendants

Solicitors: SafeWork NSW Legal Services (prosecutor); Priest Legal (defendants) File Number(s): 2016/119785, 2016/119714, 2016/119807

Judgment

Background 1. Over a period from 1 February 2014 to 16 May 2014, Mr John Coster was exposed to risk of serious injury in his operation of a wood splitting machine (the Rex) at Oxley Highway, Huntingdon. 2. Mr Coster was employed by H&F Mechanical Pty Ltd (H&F). 3. Laurence Hoffman was a director of H&F. Laurence Hoffman was in partnership with his son, Max Hoffman. The partnership operated as L J and M A Hoffman. 4. H&F contracted the services of Mr Coster to the partnership. 5. Mr Coster was operating the Rex at the premises of the partnership over the period 1 February 2014 to 16 May 2014.