Orr v LakeCoal Pty Limited (In Liquidation) (No. 3) [2019] NSWDC 402

District Court New South Wales

Medium Neutral Citation: Orr v LakeCoal Pty Limited (In Liquidation) (No. 3) [2019] NSWDC 402 Hearing dates: 5 August 2019 Date of orders: 09 August 2019 Decision date: 09 August 2019 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) The defendant is convicted. (2) Order the defendant to pay a fine of $180,000. (3) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (4) Order the defendant to pay the prosecutor's costs as agreed or as assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury

SENTENCE – objective seriousness – mitigating factors – aggravating factors – general deterrence – specific deterrence – appropriate penalty

COSTS - prosecution costs

OTHER – underground coal mine – collisions between transport vehicle and roof infrastructure – resulting fracture of W-strap – driver of transport vehicle injured by damaged W-strap Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 Orr v LakeCoal Pty Limited (In Liquidation) (No. 2) [2019] NSWDC 360 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 Veen v the Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: SafeWork NSW (Prosecutor) LakeCoal Pty Limited (In Liquidation) (Defendant) Representation: Counsel: K Nomchong SC (Prosecutor)