SafeWork NSW v Kayrouz Constructions Pty Limited [2020] NSWDC 77

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Kayrouz Constructions Pty Limited [2020] NSWDC 77 Hearing dates: 20 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Permit the defendant to rely upon the affidavit evidence already filed, subject to any specific objections to such evidence. (2) Direct the prosecutor and the defendant to file a Joint Schedule of Agreed and Contested Facts by 4 May 2020. (3) List the matter for directions before me at 9.30am on 11 May 2020 with a view to fixing a sentence hearing date. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business to ensure so far as was reasonably practicable the health and safety of workers– whether failure to comply with duty – whether failure exposed an individual to a risk of death or serious injury

SENTENCING – plea of guilty – plea to elements of offence – disputed facts – whether plea of guilty is an admission of all particulars of reasonably practicable measures pleaded in Summons – particulars pleaded in the alternative Legislation Cited: Work Health and Safety Act 2011 (NSW), ss 19, 32 Cases Cited: Duffy v R [2009] NSWCCA 304 GAS v The Queen; SJK v The Queen [2004] HCA 22; (2004) 217 CLR 198 R v O'Neill [1979] 2 NSWLR 582 Strbak v The Queen [2020] HCA 10 Category: Procedural and other rulings Parties: SafeWork NSW (Prosecutor) Kayrouz Constructions Pty Limited (Defendant) Representation: Counsel: M Scott (Prosecutor) M Gerace (Defendant)