SafeWork NSW v P&K Bezzina Pty Limited; SafeWork NSW v Paul Martin Bezzina [2020] NSWDC 91

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v P&K Bezzina Pty Limited; SafeWork NSW v Paul Martin Bezzina [2020] NSWDC 91 Hearing dates: 3 April 2020 Date of orders: 09 April 2020 Decision date: 09 April 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: Penalty for P&K Bezzina Pty Limited (2019/246557):

(1) The offender P&K Bezzina Pty Limited is convicted. (2) The appropriate fine is $120,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender P&K Bezzina Pty Limited to pay a fine of $90,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender P&K Bezzina Pty Limited to pay the prosecutor's costs.

Penalty for Paul Martin Bezzina (2019/247394):

(1) The offender Paul Martin Bezzina is convicted. (2) The appropriate fine is $20,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender Paul Martin Bezzina to pay a fine of $15,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor. (5) Order the offender Paul Martin Bezzina to pay the prosecutor's costs. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury

SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – appropriate penalty