SafeWork NSW v Williams Pressing and Packaging Services Pty Limited [2018] NSWDC 409

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Williams Pressing and Packaging Services Pty Limited [2018] NSWDC 409 Hearing dates: 17 December 2018 Date of orders: 20 December 2018 Decision date: 20 December 2018 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) The offender is convicted. (2) The appropriate fine is $80,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender to pay a fine of $60,000. (4) Order pursuant to Section 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 $20,000. 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 – parity – appropriate penalty

COSTS - prosecution costs

OTHER – collision between forklift and worker – need for training and supervision – need to consult with company supplying workers to factory Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 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 DPP v Gregory [2011] VSCA 145 Jimmy v R (2010) 77 NSWLR 540 Green v R [2011] HCA 49 Inspector Howard v Baulderstone Hornibrook Pty Limited [2009] NSWIR Comm 92; (2009) 187 IR 125 Jahandideh v R [2014] NSWCCA 178 Markarian v R (2005) 228 CLR 357 R v McNaughton (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 SafeWork NSW v Phong Warehouse & Distributor Pty Ltd [2018] NSWDC 253 Veen v R (No. 2) (1998) 164 CLR 465 WorkCover Authority of NSW (Inspector Carmody) v Consolidated Constructions Pty Limited [2001] NSWIR Comm 263; (2001) 109 IR 316 Texts Cited: SafeWork Australia General Guide for Workplace Traffic Management Guide for Warehousing SafeWork Australia General Guide for Industrial Lift Trucks Category: Sentence Parties: SafeWork NSW (Prosecutor) Williams Pressing and Packaging Services Pty Limited (Defendant) Representation: Counsel: T Hammond (Prosecutor) M Cahill (Defendant)