SafeWork NSW v Millwell Cush Pty Ltd [2019] NSWDC 302

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Millwell Cush Pty Ltd [2019] NSWDC 302 Hearing dates: 16 May 2019 Date of orders: 08 July 2019 Decision date: 08 July 2019 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The offender is convicted. (2) The appropriate fine is $150,000 but that will be reduced by 25% to reflect a plea of guilty. (3) I impose a fine of $112,500 in total. (4) I order pursuant to s122(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: 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 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 DPP v Amcor Packaging Australia Pty Ltd (2005) 11 VR 557; [2005] VSCA 219 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 McNaughton (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] MSWSC 432 Veen v R (No. 2) (1088) 164 CLR 465 WorkCover Authority (NSW) (Inspector Howard) v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92 WorkCover Authority of New South Wales (Inspector Mayell) v D J Gleeson Pty Ltd [2006] NSWIR Comm 363 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Millwell Cush Pty Ltd (Offender) Representation: Counsel: Ms N Evans appeared for the Prosecutor Mr R Reitano appeared for the Offender