Safe Work NSW v Co-Wynn Building Contractors Pty Ltd

Safe Work NSW brought proceedings against Co-Wynn Building Contractors Pty Ltd for an alleged breach of work health and safety obligations under the Work Health and Safety Act 2011 (NSW). The matter was heard in the Local Court of New South Wales where the defendant pleaded guilty to the charge. The issue before the court was to determine the appropriate penalty, considering the circumstances of the case, the principles of sentencing, and the objectives of sentencing in relation to work health and safety offences.

The court noted that the defendant had pleaded guilty, which could be considered a mitigating factor. However, the court also identified several aggravating factors, including the potential for serious harm or death and the objective seriousness of the offence. The court further examined the circumstances of the case, including the defendant's history, remorse, prospects of rehabilitation, and the impact on the victim. In considering the appropriate penalty, the court took into account the principles of parity, totality, community values, and the need for specific and general deterrence. Ultimately, the court determined that a fine of $405,000 was the appropriate penalty, with 50% of the fine to be paid to the prosecutor and the defendant to pay the prosecutor's costs as agreed or assessed.

The court ordered that the defendant be convicted and imposed a fine of $405,000, with 50% of the fine to be paid to the prosecutor. Additionally, the court ordered the defendant to pay the prosecutor's costs as agreed or assessed. This decision reflects the court's consideration of the circumstances of the case, the principles of sentencing, and the objectives of sentencing in relation to work health and safety offences.