NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Ru Dong Li [2018] NSWDC 189 Hearing dates: 6 July 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) The defendant is convicted. (2) The defendant is fined $60,000. (3) Order pursuant to s 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (4) Order the offender to pay the prosecutor's costs agreed in the sum of $30,000. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury
SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – appropriate penalty
SENTENCING PRINCIPLES – totality – remorse – contrition – appropriate penalty
COSTS – prosecution costs
OTHER – fall from ladder – need for risk assessment – need for falls prevention system – prevalence of prosecutions for falls from height – importance of general deterrence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety Regulation 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; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96; 93 NSWLR 338 R v Borkowski (2009) 195 A Crim R 1 R v McNaughton (2006) 66 NSWLR 566 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Wilkinson (No. 5) [2009] NSWSC 432 Veen v R (No. 2) (1998) 164 CLR Texts Cited: AS/NZS 1892: Portable Ladders Managing Risks of Falls at Workplaces: Code of Practice 2011 Category: Sentence Parties: SafeWork NSW (Prosecutor) Ru Dong Li (Defendant) Representation: Counsel: M Moir (Prosecutor) I Latham (Defendant)
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