SafeWork NSW v Central Coast Metal Protectives Pty Ltd [2018] NSWDC 167

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Central Coast Metal Protectives Pty Ltd [2018] NSWDC 167 Hearing dates: 24 May 2018 Date of orders: 22 June 2018 Decision date: 22 June 2018 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: The defendant is convicted and fined $45,000.00

The defendant is to pay the prosecutors costs in the agreed sum of $26,500 Catchwords: CRIMINAL LAW – prosecution – work health and safety – workers overcome with fumes from paint thinners – obvious and foreseeable risk SENTENCE – mitigating factors – aggravating factors – fine – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty COSTS – prosecution costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Cases Cited: Baumer v R (1998) 166 CLR 51 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Nash v Silver City Drilling (NSW) Pty Limited ; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96;93 NSWLR 338 R v McNaughton (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 Veen v R (No. 2) (1088) 164 CLR 465 Texts Cited: WorkCover Confined Spaces Code of Practice December 2011 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Central Coast Metal Protectives Pty Ltd (Defendant) Representation: Counsel: M Moir appeared for the Prosecutor M Tooma appeared for the Defendant