SafeWork NSW v Cosentino Australia Pty Ltd (No. 2) [2018] NSWDC 182

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Cosentino Australia Pty Ltd (No. 2) [2018] NSWDC 182 Hearing dates: 29 June 2018 Date of orders: 06 July 2018 Decision date: 06 July 2018 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) The offender is convicted. (2) I take into account the victim impact statement of Mr Orkzai. (3) Order the offender to pay a fine of $200,000 (4) Order that 50% of the fine is to be paid to the prosecutor. (5) Order that the offender pay the prosecutor's costs as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury

SENTENCE – objective seriousness – general deterrence – specific deterrence – aggravating factors – mitigating factors – fine – capacity to pay – appropriate penalty

WORK HEALTH AND SAFETY – safe loading system – employee training

OTHER – unsafe loading of stone slabs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 (NSW) Work Health and Safety Act 2011 Cases Cited: Baumer v R (1998) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash (2016) NSWCCA 37 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Jahandideh v R [2014] NSWCCA 178 Nash v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96; 93 NSWLR 338 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 SafeWork NSW v Cosentino Australia Pty Ltd [2018] NSWDC 47 Veen v R (No. 2) (1998) 164 CLR 465 Category: Sentence Parties: SafeWork NSW (Prosecutor) Cosentino Australia Pty Ltd (Defendant) Representation: Counsel: Mr M Moir (Prosecutor) Mr J Fernon SC (Defendant)