SafeWork NSW v QSR Pty Ltd [2019] NSWDC 67

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v QSR Pty Ltd [2019] NSWDC 67 Hearing dates: 15 March 2019 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The offender is convicted.

(2) The appropriate fine is $80,000 but that will be reduced by 25% to reflect a plea of guilty.

(3) I impose a fine of $60,000 in total.

(4) I order pursuant to s 122(2) of the Fines Act 1996 that 50% of that fine is to be paid to the prosecutor.

(5) I order the offender to pay the prosecutor's costs as agreed or assessed. Catchwords: CRIME – prosecution – work health & 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 SENTENCING PRINCIPLES – totality – remorse – contrition – appropriate penalty – rehabilitation COSTS – prosecution costs OTHER – hot cooking oil – contact with skin causing severe burns Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Cases Cited: Baumer v R (1998) 166 CLR 51 Bulga Underground Operations Pty Ltd 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 Capral Aluminium Limited v WorkCover Authority of NSW (2000) 99 IR 29 Muldrock v The Queen [2011] HCA 39 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 Commercial Industrial Construction Group Pty Ltd [2006] VSCA 181 R v Wilkinson (No. 5) [2009] MSWSC 432 Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) QSR Pty Ltd (Offender) Representation: Counsel: Mr N Read appeared for the Prosecutor Mrs W Thompson appeared for the Offender