SafeWork NSW v Erector Group Pty Limited; SafeWork NSW v Rong Feng Wang [2020] NSWDC 22

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Erector Group Pty Limited; SafeWork NSW v Rong Feng Wang [2020] NSWDC 22 Hearing dates: 21 February 2020 Date of orders: 26 February 2020 Decision date: 26 February 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: Penalty for Erector Group Pty Limited in proceedings 2018/64962: (1) The offender Erector Group Pty Limited is convicted. (2) The appropriate fine is $200,000 but that will be reduced by 10% to reflect the plea of guilty. (3) Order the offender Erector Group Pty Limited to pay a fine of $180,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender Erector Group Pty Limited to pay the prosecutor's costs.

Penalty for Rong Feng Wang in proceedings 2018/64973: (1) The offender Rong Feng Wang is convicted. (2) The appropriate fine is $40,000 but that will be reduced by 10% to reflect the plea of guilty. (3) Order the offender Rong Feng Wang to pay a fine of $36,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender Rong Feng Wang to pay the prosecutor's costs. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury

SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – appropriate penalty