R v Truslan Constructions Pty Ltd [2019] NSWDC 321

District Court New South Wales

Medium Neutral Citation: R v Truslan Constructions Pty Ltd [2019] NSWDC 321 Hearing dates: 30 April 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The offender is convicted. (2) The appropriate fine is $600,000.00 but that will be reduced by 25% to reflect a plea of guilty. (3) Order the offender to pay a fine of $450.000.00 (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 $32,500.00. Catchwords: CRIMINAL LAW – prosecution – Work, Health & Safety – duty of person undertaking business – risk of death or serious injury – aggravating and mitigating factors – specific deterrence – general deterrence Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 Cases Cited: 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 WorkCover (Inspector Calvez) v TAFE Commission [2014] NSWDC 108 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Truslan Constructions Pty Ltd (Defendant) Representation: Counsel: R Reitano appeared for the Prosecutor N D Read appeared for the Defendant