R v Sapform Pty Ltd [2020] NSWDC 86

District Court New South Wales

Medium Neutral Citation: R v Sapform Pty Ltd [2020] NSWDC 86 Hearing dates: 31 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The defendant is convicted. (2) The appropriate fine would be $600,000.00 and that will be reduced by 25% to reflect a plea of guilty. (3) I accordingly order the defendant to pay a fine of $450,000.00. (4) 50% of the fine imposed is to be paid to the prosecutor. (5) The defendant is to pay the prosecutors costs as agreed or assessed. Catchwords: CRIMINAL LAW – prosecution – work, health and safety – duty of person undertaking business – risk of death or serious injury – aggravating and mitigating factors – specific deterrence – general deterrence – discount of 25% for the utility of the plea Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Work Health and Safety Act 2011 (NSW) Work Health and Safety Regulation Occupational Health & Safety Act 2000 (NSW) Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71 (2000) 49 NSWLR 610 Inspector Howard v Baulderstone Hornibrook Pty Ltd [2009] NSWIRComm 92 Nash v Silver City Drilling (NSW) Pty Ltd; Attorney General for New South Wales v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 R v Irvine; R v Dynamic Industries Pty Limited; and R v Cini [2009] VSCA 239 Safework NSW v Orbit Formwork Pty Limited [2019] NSWDC 685 Texts Cited: Formwork, Code of Practice 1998, WorkCover NSW General Guide for Formwork and Falsework, SafeWork Australia, July 2014 Guide to Formwork, SafeWork Australia, July 2014 Managing the risk of falls at workplaces Code of Practice, April 2016 Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Sapform Pty Ltd (Defendant) Representation: Counsel: Ms J Paingakulam appeared for the Prosecutor Mr C McGee appeared for the Defendant