Safe Work NSW v Universal Property Group Pty Ltd [2018] NSWDC 19

District Court New South Wales

Medium Neutral Citation: Safe Work NSW v Universal Property Group Pty Ltd [2018] NSWDC 19 Hearing dates: 5 February 2018 Date of orders: 20 February 2018 Decision date: 20 February 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 I impose a fine of $135,000. 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 SENTENCE – mitigating factors – aggravating factors – penalty – circumstances – objective seriousness – specific deterrence – general deterrence SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition COSTS – prosecution costs Legislation Cited: Work Health and Safety Act 2011 ss.19, 32 Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 21A(2)(g), 21A(3)(e), 21A(3)(i), 21A(3)(h), 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 Youkhana [2004] NSWCCA 412 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Category: Sentence Parties: Safe Work NSW (Prosecutor) Universal Property Group Pty Ltd (Offender) Representation: Counsel: Mr M Scott (Prosecutor) Mr C Magee (Offender)