SafeWork NSW v ADN Investments Pty Limited; SafeWork NSW v Adnan Yassine [2019] NSWDC 469

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v ADN Investments Pty Limited; SafeWork NSW v Adnan Yassine [2019] NSWDC 469 Hearing dates: 3 September 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Criminal Before: Russell SC DCJ Decision: Penalty for ADN Investments Pty Ltd in Proceedings 2018/65203 (1) The offender is convicted. (2) The appropriate fine is $240,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender to pay a fine of $180,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender to pay the prosecutor's costs agreed in the amount of $15,000.

Penalty for Mr Yassine in Proceedings 2018/64933 (1) The offender is convicted. (2) The appropriate fine is $50,000 but that will be reduced by 25% to reflect the plea of guilty, by 5% to reflect assistance provided to date, and by a further 10% to reflect willingness to assist by giving evidence. The total reduction will be 40%. (3) Order the offender to pay a fine of $30,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender to pay the prosecutor's costs agreed in the amount of $15,000, in addition to those costs ordered against ADN Investments Pty Ltd. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury