R v Vetro Pty Ltd and R v Alexander Kola [2020] NSWDC 87

District Court New South Wales

Medium Neutral Citation: R v Vetro Pty Ltd and R v Alexander Kola [2020] NSWDC 87 Hearing dates: 23 March 2020 Date of orders: 03 April 2020 Decision date: 03 April 2020 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) The defendants are convicted. (2) The appropriate fine for Vetro would be $100,000.00 and that will be reduced by 25% to reflect a plea of guilty. (3) I accordingly order Vetro to pay a fine of $75,000.00. (4) The appropriate fine for Alexander Kola would be $10,000.00 and that will be reduced by 25% to reflect the plea of guilty. (5) I accordingly order Alexander Kola to pay a fine of $7,500.00. (6) 50% of the fines imposed are to be paid to the prosecutor. (7) The defendants are to pay the prosecutors costs as agreed in the sum of $43,900.00. 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 Regulation 2011 (NSW) Cases Cited: Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71 (2000) 49 NSWLR 610 Muldrock v The Queen (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 WorkCover Authority (NSW) (Inspector Egan) v Atco Controls Pty Ltd (1988) 82 IR 80 Texts Cited: Code of Practice – Managing the Risk of Plant in the Workspace Drop Saw Operations and Maintenance Manual SafeWork NSW Code of Practice Managing the Risk of Plant in the Workplace (July 2014) Category: Sentence Parties: SafeWork New South Wales (Prosecutor) Vetro Pty Ltd and Alexander Kola (Defendants) Representation: Counsel: Mr N D Read appeared for the Prosecutor Mr R Gambi appeared for the Defendants