SafeWork NSW v Chemstore Group Pty Ltd [2019] NSWDC 598

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Chemstore Group Pty Ltd [2019] NSWDC 598 Hearing dates: 12 September 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 is $120,000.00 and that will be reduced by 25% to reflect a plea of guilty. (3) I accordingly order the defendant to pay a fine of $90,000.00. (4) I order pursuant to s 122(2) of the Fines Act 1996 that 50% of that fine is to be paid to the prosecutor. (5) I make no order as to costs. 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 COSTS – prosecution costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Cases Cited: Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71 [(2000)] 49 NSWLR 610 Environmental Protection Authority v Barnes [2006] NSWCCA 246 EPA v Barnes [2006] NSWCCA 246 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; 137 IR 310 Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 WorkCover (Inspector Calvez) v TAFE Commission [2014] NSWDC 108 Environmental Protection Authority v Barnes [2006] NSWCCA 246 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Chemstore Group Pty Ltd (Defendant) Representation: Counsel: Mr N D Read appeared for the Prosecutor Mr M Cahill appeared for the Defendant