NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v E G Knight & Sons Pty Ltd [2019] NSWDC 336 Hearing dates: 26 June 2019 Date of orders: 19 July 2019 Decision date: 19 July 2019 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The defendant is convicted. (2) The appropriate fine would be $100,000.00 but for the matters raised in paragraphs 66-82 of this judgment and that would be reduced by 25% to reflect a plea of guilty. (3) I accordingly order the defendant to pay a fine of $5,000.00. (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 defendant to pay the prosecutors costs agreed in the sum of $25,200.00. Catchwords: OCCUPATIONAL HEALTH & SAFETY – plea of guilty – general principles – foreseeability – objective seriousness of the offence – safety management system – objective knowledge of defendant CRIME – prosecution – work health & safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – plea of guilty – general and specific deterrence – unguarded farm machinery Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 (NSW) Cases Cited: Capral Aluminium Limited v WorkCover Authority of NSW (Inspector Mayo-Ramsay) Environmental Protection Authority v Barnes [2006] NSWCCA 246 Inspector Beacham v J & L Marble Pty Ltd [2009] NSWIR Comm 100 Jahandideh v R [2014] NSWCCA 178 McColl v John Watson Building Services Pty Ltd [2004] NSWIR Comm 353; 137 IR 310 SafeWork NSW v Samuels [2019] NSWDC 111 SafeWork NSW v Yan Huai Wu and Zenger (Aust) Pty Ltd [2018] NSWDC 211; WorkCover (Inspector Calvez) v TAFE Commission [2014] NSWDC 108 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) E G Knight & Sons Pty Ltd (Defendant) Representation: Counsel: Mr N D Read appeared for the Prosecutor Mr C Magee appeared for the Defendant
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