SafeWork NSW v Silver Raven Pty Ltd [2019] NSWDC 425

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Silver Raven Pty Ltd [2019] NSWDC 425 Hearing dates: 2 August 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The offender is convicted. (2) I impose a fine of $225,000. (3) I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (4) The offender is to pay the prosecutor's costs as agreed in the sum of $40,000. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of serious injury – worker injured

SENTENCING –objective seriousness – general deterrence – specific deterrence – aggravating factors – substantial injury ­– mitigating factors – no record of previous convictions – good prospects of rehabilitation – remorse – plea of guilty – assistance to law enforcement authorities

WORK HEALTH AND SAFETY – obvious risk – known to the offender – lack of training – risk control measures available at low cost

COSTS – prosecution costs

OTHER – high pressure water cleaning – uncontrolled hose Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: SafeWork NSW (Prosecutor) Silver Raven Pty Ltd (Defendant) Representation: Counsel: M Moir (Prosecutor) N Read (Defendant)