SafeWork NSW v MJM Painting Services Pty Limited; SafeWork NSW v Miro Maric [2019] NSWDC 124

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v MJM Painting Services Pty Limited; SafeWork NSW v Miro Maric [2019] NSWDC 124 Hearing dates: 5 April 2019 Date of orders: 15 April 2019 Decision date: 15 April 2019 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: IN RELATION TO MJM PAINTING SERVICES PTY LIMITED: (1) The offender is convicted. (2) The appropriate fine is $250,000 but that will be reduced by 25% to reflect a plea of guilty. (3) Order the offender to pay a fine of $187,500. (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 prosecutors costs in the sum of $45,000.00

IN RELATION TO MIRO MARIC: (1) The offender is convicted. (2) The appropriate fine is $50,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender to pay a fine of $37,500. (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. Catchwords: CRIMINAL LAW – 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 – appropriate penalty COSTS – prosecution costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 WorkCover NSW Code of Practice Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71 [(2000)] 49 NSWLR 610 Inspector Howard v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92 Morrison v Waratah; Morrison v Powercoal (2005) Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96; 93 NSWLR 388 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) MJM Painting Services Pty Limited (Defendant) Miro Maric (Defendant) Representation: Counsel: Mr C Magee appeared for the Prosecutor Mr N Read appeared for the Defendants