SafeWork NSW v Haconby Pty Ltd [2018] NSWDC 230

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Haconby Pty Ltd [2018] NSWDC 230 Hearing dates: 13 August 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: The defendant is convicted and fined $300,000.00.

The defendant is to pay the prosecutors costs as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – fatality – obvious and foreseeable risk SENTENCE – mitigating factors – aggravating factors – fine – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty – totality principle COSTS – prosecution costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Cases Cited: Baumer v R (1998) 166 CLR 51 BW v R [2011] NSWCCA 176 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 EPA v Barnes [2006] NSWCCA 246 Inspector Marie Davidson v Plasser Australia Pty Ltd [2009] NSWIRComm 79 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] MSWSC 432 Veen v R (No. 2) (1088) 164 CLR 465 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Haconby Pty Ltd (Defendant) Representation: Counsel: D Jordan appeared for the Prosecutor D O'Neil appeared for the Defendant