SafeWork NSW v B & J Benchtops Pty Ltd [2019] NSWDC 674

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v B & J Benchtops Pty Ltd [2019] NSWDC 674 Hearing dates: 4 November 2019 Date of orders: 18 November 2019 Decision date: 18 November 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Michael Douglas Herbert is convicted. 2 I impose a fine of $15,000. 3 I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 B & J Benchtops Pty Ltd is convicted. 5 I impose a fine of $90,000. 6 I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 7 The offenders are to pay the prosecutor's costs as agreed in the sum of $31,250. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of serious injury – worker injured

SENTENCING – objective seriousness – deterrence – aggravation factors – mitigating factors 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 R v Borkowski (2009) 195 A Crim R 1 R v Thomson & Houlton (2000) 49 NSWLR 383 R v Youkhana [2004] NSWCCA 412 Category: Principal judgment Parties: SafeWork NSW (Prosecutor) B & J Benchtops Pty Ltd (Defendant) Michael Herbert (Defendant) Representation: Counsel: N Read (Prosecutor) L Doust (Defendants)