Stephen James Orr v Cudal Lime Products Pty Ltd; Stephen James Orr v Simon Shannon [2018] NSWDC 27

District Court New South Wales

Medium Neutral Citation: Stephen James Orr v Cudal Lime Products Pty Ltd; Stephen James Orr v Simon Shannon [2018] NSWDC 27 Hearing dates: 20 February 2018 Date of orders: 26 February 2018 Decision date: 26 February 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: Penalty – Cudal Lime Products

1 Cudal Lime Products Pty Ltd is convicted. 2 I impose a fine of $900,000. 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 Cudal Lime Products Pty Ltd pay the prosecutors costs as agreed or assessed Penalty – Simon Shannon 5 Simon Shannon is convicted 6 I impose a fine of $48,000. 7 I order that pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 8 I order that the Simon Shannon 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 – death of occupant – electrocution – elements of offence - recklessness SENTENCE – mitigating factors – aggravating factors – penalty – circumstances – objective seriousness – specific deterrence – general deterrence SENTENCE PRINCIPLES – parity – totality - community values – remorse – contrition – fine – capacity to pay – victim impact statements – Form 1 offence COSTS – prosecution costs OTHER – electrical – distribution board – wiring – unqualified work Legislation Cited: Work Health and Safety Act 2011 ss.19, 31, 32 Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 21A(2)(g), 21A(3)(e), 21A(3)(f), 21A(3)(h), 21A(3)(i), 21A(3)(k), 21A(3)(m), 28(4) Fines Act 1996 ss. 6, 122(2) Cases Cited: Aubrey v R [2017] HCA 18 Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Tuala [2015] NSWCCA 8 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: Stephen James Orr (Prosecutor) Cudal Lime Products Pty Ltd (Offender) Simon Shannon (Offender) Representation: Counsel: Mr D Jordan SC with Mr E Kerkyasharian (Prosecutor) Mr T Game SC with Mrs W Thompson (Offenders)