Safe Work NSW v Christopher Michael Butler; Safe Work NSW v Edgesafe Pty Ltd [2018] NSWDC 60

District Court New South Wales

Medium Neutral Citation: Safe Work NSW v Christopher Michael Butler; Safe Work NSW v Edgesafe Pty Ltd [2018] NSWDC 60 Hearing dates: 6 March 2018 Date of orders: 26 March 2018 Decision date: 26 March 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offenders are convicted.

2 I impose a fine of $75,000 against Edgesafe Pty Ltd. 3 I impose a fine of $5,500 against Christopher Michael Butler. 4 I order that pursuant to section 122(2) Fines Act 1996 that 50% of the fine in respect of each offender is to be paid to the prosecutor. 5 I order that Offenders pay the prosecutors costs as agreed or assessed in case. Catchwords: CRIMINAL LAW – work health and safety offence - plea of guilty – risk of death or serious injury SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – prospects of rehabilitation Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss. 21A(2)(g), 21A(3)(e), 21A(3)(h), 21A(3)(i), 21A(3)(k), 21A(3)(m), 22 Fines Act 1996 ss.6, 122(2) Work Health and Safety Act 2011 ss. 26(2), 27(1), 32 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Environmental Protection Agency v Barnes [2006] NSWCCA 246 Jahandideh v R [2014] NSWCCA 178 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: Safe Work NSW (Prosecutor) Christopher Butler (Offender) Edgesafe Pty Ltd (Offender) Representation: Counsel: