SafeWork NSW v Duct Australia Pty Ltd [2018] NSWDC 231

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Duct Australia Pty Ltd [2018] NSWDC 231 Hearing dates: 31 July 2018 Date of orders: 27 August 2018 Decision date: 27 August 2018 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: The defendant is convicted and fined $112,500.00.

The defendant is to pay the prosecutor's costs and disbursements as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – worker's hand crushed in a press – 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 Work Health and Safety Act 2011 (NSW) Cases Cited: Baumer v R (1988) 166 CLR 51 Bulga Underground Operations Pty Ltd 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 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 Commercial Industrial Construction Group [2006] VSCA 181 R v McNaughton (2006) 66 NSWLR 566 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Wilkinson (No. 5) [2009] MSWSC 432 Silver City Drilling (NSW) Pty Ltd; Attorney General for NSW v Silver City Drilling (NSW) Pty Ltd Veen v R (No 2) (1988) 164 CLR 465 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Duct Australia Pty Ltd (Defendant) Representation: Counsel: M Moir appeared for the Prosecutor L Doust appeared for the Defendant