District Court
New South Wales
Medium Neutral Citation: SafeWork NSW v Parrish Group NSW Pty Ltd [2023] NSWDC 13 Hearing dates: 2 February 2023 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Parrish Group NSW Pty Ltd is convicted.
(2) The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty.
(3) Order Parrish Group NSW Pty Ltd to pay a fine of $300,000.
(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.
(5) Order Parrish Group NSW Pty Ltd to pay the prosecutor’s costs agreed in the amount of $37,500.
(6) I request SafeWork NSW to send a copy of this judgment to the Minister with responsibility for workplace safety, who holds office in the next government.
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 – capacity to pay appropriate penalty
COSTS – prosecution costs
OTHER – worker fell through inadequately protected penetration in roof
Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22
Fines Act 1996 (NSW), ss 6, 122
Work Health and Safety Act 2011 (NSW), ss 3, 14, 16, 19, 32
Cases Cited: Baumer v R [1988] HCA 67; (1988) 166 CLR 51
Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338
Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610
Mahdi Jahandideh v The Queen [2014] NSWCCA 178
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Wilkinson (No. 5) [2009] NSWSC 432
SafeWork NSW v LJW Solar Pty Ltd [2022] NSWDC 526
Texts Cited: Safe Work Australia Safe Work on Roofs Information Sheet, January 2016.
WorkCover NSW Safe Work on Roofs Code of Practice, Part 1: Commercial and Industrial Buildings, 2009
SafeWork NSW Code of Practice Construction Work, April 2019
SafeWork NSW Managing the Risk of Falls Code of Practice, April 2019
Category: Sentence Parties: SafeWork NSW (Prosecutor)
Parrish Group NSW Pty Ltd (Defendant)Representation: Counsel:
Solicitors:
N Read (Prosecutor)
I Latham (Defendant)
Department of Customer Service (Prosecutor)
Barry Nilsson (Defendant)
File Number(s): 2022/89793
Judgment
-
On 31 March 2021 a risk to health and safety existed at a construction site in Kembla Grange where Parrish…
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- Case
- [2023] NSWDC 13
- Decision Date
CaseChat Overview and Summary
In addressing these issues, the court first acknowledged the gravity of the incident, noting that it involved a significant risk of death or serious injury. The court emphasised the importance of general and specific deterrence in sentencing, as well as the need to ensure that the penalty was sufficient to reflect the breach of duty. The plea of guilty was recognised as a mitigating factor, leading to a 25% reduction in the proposed fine. The court also considered the capacity of Parrish Group NSW Pty Ltd to pay the penalty, ultimately setting the fine at $300,000 after the discount. Furthermore, the court ordered that 50% of the fine be paid to the prosecutor and that the defendant cover agreed prosecution costs amounting to $37,500.
The court concluded that the sentence should serve both as a deterrent to the defendant and other businesses, and as a form of retribution for the harm caused. The judgment also highlighted the need for ongoing oversight and compliance with workplace safety regulations. Finally, the court requested that a copy of the judgment be sent to the Minister responsible for workplace safety, to ensure that appropriate actions are taken to prevent similar incidents in the future.
Orders
Orders of the court
(1) Parrish Group NSW Pty Ltd is convicted.
(2) The appropriate fine is $400,000 but that will be reduced by 25% to reflect the early plea of guilty.
(3) Order Parrish Group NSW Pty Ltd to pay a fine of $300,000.
(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.
(5) Order Parrish Group NSW Pty Ltd to pay the prosecutor’s costs agreed in the amount of $37,500.
(6) I request SafeWork NSW to send a copy of this judgment to the Minister with responsibility for workplace safety, who holds office in the next government.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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