SafeWork NSW v Grandcity Constructions Pty Ltd; SafeWork NSW v Cai [2018] NSWDC 398

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Grandcity Constructions Pty Ltd; SafeWork NSW v Cai [2018] NSWDC 398 Hearing dates: 6 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Criminal Before: Russell SC DCJ Decision: IN RELATION TO GRANDCITY CONSTRUCTIONS PTY LTD

(1) The offender is convicted of an offence under s 19 of the Work Health and Safety Act 2011. (2) The appropriate fine is $160,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender to pay a fine of $120,000. (4) Order pursuant to s 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender to pay the prosecutor's costs agreed in the amount of $45,000.

IN RELATION TO CILIN CAI:

(1) The offender is convicted of an offence under s 27 of the Work Health and Safety Act 2011. (2) The appropriate fine is $32,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender to pay a fine of $24,000. (4) Order pursuant to s 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender to pay the prosecutor's costs agreed in the amount of $45,000. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury

SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – appropriate penalty