Safe Work NSW v Wholesale Joinery Pty Limited [2018] NSWDC 91

District Court New South Wales

Medium Neutral Citation: Safe Work NSW v Wholesale Joinery Pty Limited [2018] NSWDC 91 Hearing dates: 6 April 2018 Date of orders: 16 April 2018 Decision date: 16 April 2018 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted 2 I impose a fine of $120,000. 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 in the sum of $25,000. Catchwords: CRIMINAL LAW – work health and safety offence –offence of exposing employee to risk of death or serious injury SENTENCE – plea of guilty – statement of agreed facts - appropriate penalty – applicable discount for plea of guilty – no prior convictions SENTENCE PRINCIPLES – parity – totality – mitigating factors – aggravating factors - circumstances – objective seriousness – specific deterrence – general deterrence – community values – remorse – contrition – timing of plea of guilty – prospects of rehabilitation – utilitarian value of plea of guilty – fine – capacity to pay – consideration of victim impact statement WORK HEALTH AND SAFETY – appropriate training of employee – experience of employee – work to be undertaken WORDS AND PHRASES – injury to victim – injured worker – fall from height Legislation Cited: 21A(2)(g), 21A(3)(e), 21A(3)(f), 21A(3)(h), 21A(3)(i), 21A(3)(k),21A(3)(m), 22 Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, Fines Act 1996 s. 122(2) Work Health and Safety Act 2011 ss. 19(1), 32 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) Wholesale Joinery Pty Limited (Offender) Representation: Counsel: