McAndrew v Simmons [2020] NSWDC 81

District Court New South Wales

Medium Neutral Citation: McAndrew v Simmons [2020] NSWDC 81 Hearing dates: 23 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Richard Wayne Simmons is convicted. 2 I impose a fine of $90,000. 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 prosecutor's costs of the proceedings as agreed or assessed. Catchwords: CRIMINAL LAW – work health and safety – exposing worker to a risk of death or serious injury

SENTENCING – objective seriousness - deterrence – aggravating factors - mitigating factors – substantial harm, injury, loss or damage – no record of previous convictions – prospects of rehabilitation – plea of guilty – remorse – capacity to pay Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Fines Act 1996 Work Health and Safety Act 2011 Occupational Health and Safety Act 2000 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 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: Louise Mary McAndrew (Prosecutor) Richard Wayne Simmons (Defendant) Representation: Counsel: P McDonald SC with C Magee (Prosecutor) B Taylor (Defendant)