SafeWork NSW v International Oils Machinery (Aust) Pty Ltd [2018] NSWDC 380

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v International Oils Machinery (Aust) Pty Ltd [2018] NSWDC 380 Hearing dates: 9 November 2018 Date of orders: 10 December 2018 Decision date: 10 December 2018 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose a fine of $15,000. 3 I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 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 serious injury – worker injured SENTENCING – aggravating factors – mitigating factors – objective seriousness – general deterrence – specific deterrence – substantial harm, injury, loss or damage – victim impact statement – no record of previous convictions – good prospects of rehabilitation – plea of guilty – assistance to law enforcement authorities – remorse – capacity to pay a fine WORK HEALTH AND SAFETY – physical safety measure circumvented – safe work method statement not updated to reflect risk COSTS – prosecution costs OTHER – bale press machine modified in violation of lease agreement to allow easier access to unguarded moving parts – worker's finger caught between moving wires – arm dragged into machine – permanent injuries to hand and arm 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 Jahandideh v R [2014] NSWCCA 178 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Tuala [2015] NSWCCA 8 R v Youkhana [2004] NSWCCA 412 Texts Cited: Australian Standard 4024.1201:2014 Safety of machinery - General principles for design - Risk assessment and risk reduction Category: Sentence Parties: SafeWork NSW (Prosecution) International Oils Machinery (Aust) Pty Ltd (Defendant) Representation: Counsel: Mr B Docking (Prosecution) Ms M Hammond (Defendant)