Safe Work NSW v Co-Wynn Building Contractors Pty Ltd [2018] NSWDC 61

District Court New South Wales

Medium Neutral Citation: Safe Work NSW v Co-Wynn Building Contractors Pty Ltd [2018] NSWDC 61 Hearing dates: 20 March 2018 Date of orders: 26 March 2018 Decision date: 26 March 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted. 2 I impose a fine of $405,000. 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 – work health and safety offence - plea of guilty – risk of death or serious injury SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty - fine SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – prospects of rehabilitation – victim impact statement Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss. 21A(3)(e), 21A(3)(h), 21A(3)(m), 21A(3)(k), 22 Fines Act 1996 s.122(2) Work Health and Safety Act 2011 ss. 19(1), 32 Work Health and Safety Regulation 2011 Cl. 299(1) Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 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) Co-Wynn Building Contractors Pty Ltd (Offender) Representation: Counsel: Mr M Scott (Prosecutor) Mr B Hodgkinson SC with Mrs W Thompson