SafeWork NSW v MPMG FM Pty Limited [2018] NSWDC 377

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v MPMG FM Pty Limited [2018] NSWDC 377 Hearing dates: 29 October 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 $120,000 that will be reduced by 25% to reflect the plea of guilty. 3 I impose a fine of $90,000. 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 defendant is ordered to pay the prosecutor's costs as agreed at $40,000. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – workers injured SENTENCING – aggravating factors – mitigating factors – objective seriousness – general deterrence – specific deterrence – substantial harm, injury, loss or damage – no record of previous convictions – good prospects of rehabilitation – plea of guilty – assistance to law enforcement authorities – remorse WORK HEALTH AND SAFETY – workers not qualified to complete tasks – workers failed to complete induction and safety documents COSTS – prosecution costs OTHER – painting work at heights – failure to supply elevated work platform – scaffold erected unsafely by unqualified worker without supervision – scaffold collapsed injuring workers 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 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: SafeWork NSW (Prosecution) MPMG FM Pty Limited (Defendant) Representation: Counsel: Ms P McEniery (SafeWork NSW) Mr D Del Monte (Defendant)