NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v KD & JT Westbrook Pty Ltd (No 2) [2019] NSWDC 15 Hearing dates: 6 February 2019 Date of orders: 19 February 2019 Decision date: 19 February 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: See paragraphs [69] – [80] Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of worker 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 – remorse Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Cases Cited: Allianz Australia Insurance Ltd v GSF Australia Pty Ltd (2005) 221 CLR 568 Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Nominal Offender v GLG Australia Pty Ltd (2006) 228 CLR 529 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v KD & JT Westbrook Pty Ltd [2018] NSWDC 255 Texts Cited: Macquarie Dictionary Oxford English Dictionary Category: Sentence Parties: SafeWork NSW v KD and JT Westbrook Pty Ltd Representation: Counsel: Mr M Moir (SafeWork NSW) Mr D Nagle with Mr A Guy (Defendants)
Solicitors: SafeWork NSW Hancock Alldis and Roskov (Defendants) File Number(s): 2016/218045 Publication restriction: None
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