SafeWork NSW v Haines Bros Earthmoving Pty Limited [2019] NSWDC 69

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Haines Bros Earthmoving Pty Limited [2019] NSWDC 69 Hearing dates: 29 October 2018 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 $120,000 but that will be reduced by 25% to reflect a plea of guilty. (3) I impose a fine of $90,000 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 in the sum of $32,300. 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 Bulga Underground Operations Pty Ltd V Nash [2016] NSWCCA 37 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of NSW (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 Cini [2009] VSCA 239 R v Wilkinson (No. 5) [2009] MSWSC 432 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Haines Bros Earthmoving Pty Limited (Offender) Representation: Counsel: Mr C Magee appeared for the Prosecutor Mr S Meehan appeared for the Offender