SafeWork NSW v Titan Cranes and Rigging Pty Ltd [2019] NSWDC 714

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Titan Cranes and Rigging Pty Ltd [2019] NSWDC 714 Hearing dates: 6 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose a fine of $390,000. 3 The offender is to pay the Prosecutor's costs agreed in the sum of $42,000. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – workers injured

SENTENCING – aggravating factors – mitigating factors – objective seriousness – general deterrence –no record of previous convictions – good prospects of rehabilitation – plea of guilty – assistance to law enforcement authorities – remorse Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Work Health and Safety Act 2011 (NSW) 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) Titan Cranes and Rigging Pty Ltd (Defendant) Representation: Counsel: C Magee (Prosecution) W Thompson (Defendant)

Solicitors: Legal, Government and Corporate Services, Department of Customer Service (Prosecution) DLA Piper (Defendant) File Number(s): 2018/277307 Publication restriction: None