SafeWork NSW v Grey Colt Pty Ltd [2019] NSWDC 68

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Grey Colt Pty Ltd [2019] NSWDC 68 Hearing dates: 7 December 2018 Date of orders: 22 March 2019 Decision date: 22 March 2019 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The offender is convicted of both offences.

(2) The appropriate fine for the s 32 offence is $30,000. The appropriate fine for the s 38 offence is $2,000. Both will be reduced by 25% to reflect the pleas of guilty.

(3) I impose a fine of $22,500 for the s 32 offence.

(4) I impose a fine of $1,500 for the s 38 offence.

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

(6) The offender is to pay the prosecutor's costs in the sum of $35,000. 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 – leaking chemicals – contact with skin causing severe burns – failure to report incident Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Cases Cited: Baumer v R (1998) 166 CLR 51 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 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 Wilkinson (No. 5) [2009] MSWSC 432 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Grey Colt Pty Ltd (Offender) Representation: Counsel: Mr D Chin appeared for the Prosecutor Mr M Heath appeared for the Offender