SafeWork NSW v Poletti Corporation Pty Ltd [2019] NSWDC 791

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Poletti Corporation Pty Ltd [2019] NSWDC 791 Hearing dates: 4 December 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 The offender is convicted. 2 I impose a fine of $300,000. 3 I order pursuant to section 122(2) Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. 4 The offender is to pay the prosecution's costs of the proceedings. 5 The prosecutor is to pay the offender's costs thrown away by the late service of the prosecutor's expert report, the vacation of the hearing of 12 March 2019 and the preparation of the defendant's expert report. Catchwords: CRIME – prosecution – work health and safety – duty of persons undertaking business – duty of PCBU to other persons – risk of death or serious injury – injury of worker

SENTENCING – objective seriousness – aggravating factors – mitigating factors – parity

COSTS – vacation of hearing date – preparation of expert report Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Work Health and Safety Act 2011 Cases Cited: Green v The Queen (2011) 244 CLR 462 R v Youkhana [2004] NSWCCA 412 SafeWork NSW v Poletti Corporation Pty Ltd [2019] NSWDC 491 Category: Sentence Parties: Department of Customer Service (Prosecutor) Poletti Corporation Pty Limited (Defendant) Representation: Counsel: C Magee (Prosecutor) B Barry (Defendant)