NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Trans Vent Spiral Tubing Pty Ltd [2020] NSWDC 47 Hearing dates: 10 March 2020 Date of orders: 16 March 2020 Decision date: 16 March 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: Penalty for s 32 offence (2018/387921):
(1) The offender Trans Vent Spiral Tubing Pty Ltd is convicted. (2) The appropriate fine is $100,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender Trans Vent Spiral Tubing Pty Ltd to pay a fine of $75,000. (4) Order pursuant to s 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender Trans Vent Spiral Tubing Pty Ltd to pay the prosecutor's costs agreed in the amount of $40,000.
Penalty for s 43(2) offence (2018/387909):
(1) The offender Trans Vent Spiral Tubing Pty Ltd is convicted. (2) The appropriate fine is $20,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender Trans Vent Spiral Tubing Pty Ltd to pay a fine of $15,000. (4) Order pursuant to s 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order each party to pay its own 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
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