SafeWork NSW v Daniel áBeckett Rose [2018] NSWDC 240

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Daniel áBeckett Rose [2018] NSWDC 240 Hearing dates: 8 August 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (a) The defendant is convicted.

(b) The appropriate fine in matter number 2017/232911 is $10,000 but that will be reduced by 25% to reflect a plea of guilty. The appropriate fine in matter number 2017/232962 is $10,000 but that will be reduced by 25% to reflect a plea of guilty. The appropriate fine in matter number 2017/232894 is $2,000 but that will be reduced by 25% for the early plea of guilty.

(c) I impose a fine of $16,500 in total.

(d) I order pursuant to s 122(2) of the Fines Act 1996 that 50% of that fine is to be paid to the prosecutor.

(e) I order the defendant to pay the prosecutors costs as agreed or assessed. Catchwords: CRIME – work health and safety – no prior conviction – tree removal – aggravating and mitigating factors – relief under Fines Act – extra – curial punishment Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Occupational Health and Safety Act 1983 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 Gotico Industries Pty Ltd v Benbow (2001) 103 IR 78 Inspector Beacham v J & L Marble Pty Ltd [2009] NSWIR Comm 100 Inspector Lai v Rexma Pty Ltd and Anor [2008] NSWIRC Comm 78 Jahandideh v R [2014] NSWCCA 178 McColl v John Watson Building Services Pty Ltd [2004] NSWIR Comm 353; 137 IR 310 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 Postiglione v R (1997) 189 CLR 295 R v Daetz; R v Wilson (2003) 139 A Crim R 398 R v McNaughton (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] MSWSC 432 Silvano v R [2008] MSWCCA 118 Veen v R (No. 2) (1088) 164 CLR 465 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Daniel áBeckett Rose (Defendant) Representation: Counsel: P McEniery appeared for the Prosecutor D Aquilina appeared for the Defendant