SafeWork NSW v Building Maintenance Unit Service Pty Ltd [2019] NSWDC 16

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Building Maintenance Unit Service Pty Ltd [2019] NSWDC 16 Hearing dates: 4 February 2019 Date of orders: 18 February 2019 Decision date: 18 February 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I have taken into account the VIS. 3 The appropriate fine is one of $400,000 which will be reduced by 25% to give effect to the plea of guilty. 4 I impose a fine of $300,000. 5 I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 6 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 – workers injured SENTENCING – aggravating factors – mitigating factors – objective seriousness – general deterrence – substantial harm, injury, loss or damage – 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 – 10 year major inspection not undertaken COSTS – prosecution costs OTHER – work at heights – window cleaning – building maintenance unit – load bearing blots fractured – building maintenance unit fell 25 metres – landed on awning 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: Cranes – Safe Use Part 13: Building maintenance units (AS 2550.13) Category: Sentence Parties: SafeWork NSW v Building Maintenance Unit Service Pty Ltd Representation: Counsel: Mr M Moir (SafeWork NSW) Ms J Williams (Defendant)