SafeWork NSW v O2 Motorsports Pty Ltd;; SafeWork NSW v Weissel [2020] NSWDC 201

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v O2 Motorsports Pty Ltd;; SafeWork NSW v Weissel [2020] NSWDC 201 Hearing dates: 12 May 2020 Date of orders: 15 May 2020 Decision date: 15 May 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: Penalty for O2 Motorsports Pty Ltd (2019/95655):

(1) The offender O2 Motorsports Pty Ltd is convicted. (2) The appropriate fine is $180,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender O2 Motorsports Pty Ltd to pay a fine of $135,000. (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 O2 Motorsports Pty Ltd to pay the prosecutor's costs as agreed or assessed.

Penalty for Nathan Weissel (2019/95590):

(1) The offender Nathan Weissel is convicted. (2) The appropriate fine is $30,000 but that will be reduced by 25% to reflect the plea of guilty. (3) Order the offender Nathan Weissel to pay a fine of $22,500. (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 Nathan Weissel to pay the prosecutor's costs as agreed or assessed. 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