SafeWork NSW v Millart Enterprises and Notlad Enterprises [2018] NSWDC 52

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Millart Enterprises and Notlad Enterprises [2018] NSWDC 52 Hearing dates: 28 February 2018 Date of orders: 19 March 2018 Decision date: 19 March 2018 Jurisdiction: Criminal Before: Scotting, DCJ Decision: Millart Enterprises is convicted Impose a fine of $60,000 Millart to pay prosecutors costs as agreed or assessed

Notad Enterprises is convicted Impose a fine of $60,000 Notlad to pay the costs of the prosecutor 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 a customer SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty COSTS – prosecution costs Legislation Cited: Work Health and Safety Act 2011 Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016]NSWCCA 37 R v Youkhana [2004]NSWCCA 412 E v Borowski (2009) 195 A Crim R 1 R v Thompson & Houlton (2000) 49 NSWLR 383 Jahandideh v R [2014] NSWCCA 178 R v Borkowski (2009) 195 A Crim R 1 at [32] Texts Cited: None Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Millard Enterprises Pty Ltd (Defendant) Notlad Enterprises Pty Ltd (Defendant) Representation: Counsel: