Stephen James Orr v Newcrest Mining Limited [2018] NSWDC 370

District Court New South Wales

Medium Neutral Citation: Stephen James Orr v Newcrest Mining Limited [2018] NSWDC 370 Hearing dates: 1 November 2018 Date of orders: 03 December 2018 Decision date: 03 December 2018 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 The appropriate fine is $600,000 that will be reduced by 25% to reflect the plea of guilty. 3 I impose a fine of $450,000. 4 I order that pursuant to section 122(2) Fines Act 1996, 50% of the fine is to be paid to the prosecutor. 5 The offender is to pay the prosecutor's costs as agreed or assessed. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of employee SENTENCING – aggravating factors – mitigating factors – objective seriousness – general deterrence – specific deterrence – substantial harm, injury, loss or damage – victim impact statement – good prospects of rehabilitation – plea of guilty – assistance to law enforcement – remorse WORK HEALTH AND SAFETY – documented safe work procedure exposed workers to risk COSTS – prosecution costs OTHER – mobile water cannons used to clear blockages in underground mine – water cannon procedure required workers to walk between plant and mine wall – falling rocks impacting with plant created crush hazard – worker crushed between plant and mine wall Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 at [180] R v Borkowski (2009) 195 A Crim R 1 at [32] R v Thomson & Houlton (2000) 49 NSWLR 383 R v Tuala [2015] NSWCCA 8 R v Youkhana [2004] NSWCCA 412 at [26] Category: Sentence Parties: Stephen James Orr (Plaintiff) Newcrest Mining Limited (Defendant) Representation: Counsel: Ms K Nomchong SC with Mr C Magee (Plaintiff) Mr B Hodgkinson SC (Defendant)