SafeWork NSW v Grasso Consulting Engineers Pty Ltd; SafeWork NSW v Grasso (No 2) [2020] NSWDC 188

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Grasso Consulting Engineers Pty Ltd; SafeWork NSW v Grasso (No 2) [2020] NSWDC 188 Hearing dates: 30 April 2020 Date of orders: 11 May 2020 Decision date: 11 May 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Grasso Consulting Engineers Pty Ltd is convicted. 2 I impose a fine of $200,000. 3 Grasso Consulting Engineers Pty Ltd is to pay 70% of the prosecutor's costs as agreed or assessed of the proceedings against it.

4 Ignazio Grasso is convicted. 5 I impose a fine of $30,000. 6 Mr Grasso is to pay 70% of the prosecutor's costs as agreed or assessed of the proceedings against him. Catchwords: SENTENCING – objective seriousness – deterrence - mitigating factors – capacity to pay a fine - costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Work Health and Safety Act 2011 Work Health and Safety Regulation 2015 Cases Cited: Bulga Underground Operations Pty Ltd v Nash [2016] NSWCCA 37 Jahandideh v R [2014] NSWCCA 178 Kenny v R [2010] NSWCCA 6 Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCCA 96 Oudomvilay v R [2006] NSWCCA 275 Parente v R (2017) 96 NSWLR R v Daetz (2003) 139 A Crim R 216 R v Thangavelautham [2016] NSWCCA 141 Category: Sentence Parties: SafeWork NSW (Prosecutor) Grasso Consulting Engineers Pty Ltd (Defendant) Ignazio Grasso (Defendant) Representation: Counsel: B Docking (Prosecutor) S Meehan (Defendant)