Susan McCarrey, National Rail Safety Regulator v Sydney Trains [2019] NSWDC 453

District Court New South Wales

Medium Neutral Citation: Susan McCarrey, National Rail Safety Regulator v Sydney Trains [2019] NSWDC 453 Hearing dates: 20 August 2019 Date of orders: 02 September 2019 Decision date: 02 September 2019 Jurisdiction: Criminal Before: Russell SC DCJ Decision: In relation to the Work Charge (2018/183611):

(1) The offender is convicted. (2) The appropriate fine is $500,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender to pay a fine of $375,000. (4) Order pursuant to Section 260A of the Rail Safety National Law (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order the offender to pay the prosecutor's costs.

In relation to the Preparation Charge (2018/183633):

(1) The offender is convicted. (2) The appropriate fine is $200,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender to pay a fine of $150,000. (4) Order pursuant to Section 260A of the Rail Safety National Law (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order the offender to pay the prosecutor's costs. Catchwords: CRIMINAL LAW – prosecution – rail safety – duty of rail operator – risk of death or serious injury

SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – totality - appropriate penalty

COSTS – prosecution costs