SafeWork NSW v PNA Property Developments Pty Ltd [2019] NSWDC 435

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v PNA Property Developments Pty Ltd [2019] NSWDC 435 Hearing dates: 9 August 2019 Date of orders: 26 August 2019 Decision date: 26 August 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose a fine of $180,000. 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 $18,000. 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 – significant ongoing disabilities – mitigating factors – no record of previous convictions – good prospects of rehabilitation – remorse – plea of guilty – assistance to law enforcement authorities – good corporate citizen

WORK HEALTH AND SAFETY – obvious risk – known to the offender – inadequate instructions – no documented safe work procedure – risk control measures available at low cost

COSTS – prosecution costs

OTHER – bricklaying – fall from height Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Green v The Queen (2011) 244 CLR 462 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Texts Cited: Construction Work Code of Practice' Managing the Risk of Falls at the Workplace' Preventing Falls in Housing Construction Code of Practice Category: Sentence Parties: SafeWork NSW (Prosecutor) PNA Property Development Pty Ltd (Defendant) Representation: Counsel: M Scott (Prosecutor) D Nagle (Defendant)