SafeWork NSW v Miroslav DAVIDOVIC [2019] NSWDC 597

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Miroslav DAVIDOVIC [2019] NSWDC 597 Hearing dates: 11, 12, 13 and 21 June 2019 Date of orders: 24 October 2019 Decision date: 24 October 2019 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The defendant is convicted.

(2) The appropriate fine in matter number 2018/184262 is $1,000 but that will be reduced by 25% to reflect a plea of guilty. The appropriate fine in matter number 2018/184282 is $2,000 but that will be reduced by 25% to reflect a plea of guilty. I impose a fine of $2,250 in total.

(3) I order pursuant to s 122(2) of the Fines Act 1996 that 50% of that fine is to be paid to the prosecutor.

(4) I order the defendant to pay the prosecutor's costs as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking a business – duty of employers – risk of death or serious injury SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition 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 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71 (2000) 49 NSWLR 610 Inspector Beacham v J & L Marble Pty Ltd [2009] NSWIR Comm 100 Jahandideh v R [2014] NSWCCA 178 McColl v John Watson Building Services Pty Ltd [2004] NSWIR Comm 353; (2004) 137 IR 310 Nash v Silver City Drilling (NSW) [2017] NSWCCA 96 Category: Principal judgment Parties: SafeWork New South Wales (Prosecutor) Miroslav Davidovic (Defendant) Representation: Counsel: Mr C Magee appeared for the Prosecutor Mr M Davidovic appeared unrepresented, in person