NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Meixing Jiang [2018] NSWDC 400 Hearing dates: 13 December 2018 Date of orders: 17 December 2018 Decision date: 17 December 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: 1 The offender is convicted. 2 Order the offender to pay a fine of $22,500. 3 Order that 50% of the fine is to be paid to the prosecutor. 4 Order the offender to pay the prosecutor's costs agreed in the amount of $15,000. 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
SENTENCING PRINCIPLES – totality – remorse – contrition – appropriate penalty
COSTS – prosecution costs
OTHER – fall from height – need for risk assessment – need to communicate with workers whose language is not English Legislation Cited: Crimes (Sentencing Procedure) Act 1999; Fines Act 1996 Work Health and Safety Act 2011; Work Health and Safety Regulation 2011 (NSW) Cases Cited: Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96; 93 NSWLR 338 Baumer v R (1998) 166 CLR 51; Bulga Underground Operations Pty Limited v Nash (2016) NSWCCA 37; BW v R [2011] NSWCCA 176; Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610; Jahandideh v R [2014] NSWCCA 178; 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 R v Borkowski (2009) 195 A Crim R 1; R v McNaughton (2006) 66 NSWLR 566; R v Thomson & Houlton (2000) 49 NSWLR 383; R v Wilkinson (No. 5) [2009] NSWSC 432; Veen v R (No. 2) (1998) 164 CLR; Texts Cited: Construction work code of practice Preventing Falls in Housing Construction Code of Practice SafeWork NSW Hazardous Manual Tasks Code of Practice, 2011 Category: Sentence Parties: SafeWork NSW (Prosecutor) Meixing Jiang (Defendant) Representation: Counsel: M Scott (Prosecutor) W Chan (Defendant)
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