Safework NSW v Hydromet Corporation Pty Limited; Safework NSW v Jeremy Perera [2020] NSWDC 82

District Court New South Wales

Medium Neutral Citation: Safework NSW v Hydromet Corporation Pty Limited; Safework NSW v Jeremy Perera [2020] NSWDC 82 Hearing dates: 24 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: Penalty for Hydromet Corporation Pty Limited (2018/356704):

(1) The offender Hydromet Corporation Pty Limited was convicted on 24 March 2020. (2) I take into account the Victim Impact Statement. (3) The appropriate fine is $300,000 but that will be reduced by 25% to reflect the plea of guilty. (4) Order the offender Hydromet Corporation Pty Limited to pay a fine of $225,000. (5) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (6) Order the offender Hydromet Corporation Pty Limited to pay the prosecutor's costs agreed in the amount of $44,972.

Penalty for Jeremy Perera (2018/356717):

(1) The offender Jeremy Perera was convicted on 24 March 2020. (2) I take into account the Victim Impact Statement. (3) The appropriate fine is $60,000 but that will be reduced by 25% to reflect the plea of guilty. (4) Order the offender Jeremy Perera to pay a fine of $45,000. (5) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (6) Order that each party pay its or his own costs. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury