Safework NSW v Ru Dong Li

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

SafeWork NSW v Ru Dong Li [2018] NSWDC 189

Hearing dates:

6 July 2018

Date of orders:

13 July 2018

Decision date:

13 July 2018

Jurisdiction:

Criminal

Before:

Russell SC DCJ

Decision:

(1) The defendant is convicted.
(2) The defendant is fined $60,000.
(3) Order pursuant to s 122(2) of the Fines Act 1996 that 50% of the fine is to be paid to the prosecutor.
(4) Order the offender to pay the prosecutor’s costs agreed in the sum of $30,000.

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

SENTENCING PRINCIPLES – totality – remorse – contrition – appropriate penalty

COSTS – prosecution costs

OTHER – fall from ladder – need for risk assessment – need for falls prevention system – prevalence of prosecutions for falls from height – importance of general deterrence

Legislation Cited:

Crimes (Sentencing Procedure) Act 1999
Fines Act 1996
Work Health and Safety Act 2011
Work Health and Safety Regulation 2011

Cases Cited:

Baumer v R (1998) 166 CLR 51
Bulga Underground Operations Pty Limited v Nash (2016) NSWCCA 37
BW v R [2011] NSWCCA 176
Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 49 NSWLR 610
Jahandideh v R [2014] NSWCCA 178
Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96; 93 NSWLR 338
R v Borkowski (2009) 195 A Crim R 1
R v McNaughton (2006) 66 NSWLR 566
R v Thomson & Houlton (2000) 49 NSWLR 383
R v Wilkinson (No. 5) [2009] NSWSC 432
Veen v R (No. 2) (1998) 164 CLR

Texts Cited:

AS/NZS 1892: Portable Ladders
Managing Risks of Falls at Workplaces: Code of Practice 2011

Category:

Sentence

Parties:

SafeWork NSW (Prosecutor)
Ru Dong Li (Defendant)

Representation:

Counsel:
M Moir (Prosecutor)
I Latham (Defendant)

  Solicitors:
SafeWork NSW (Prosecutor)
Juris Cor Legal (Defendant)

File Number(s):

2017/264954

Judgment

1. Mr Ru Dong Li (the offender) has pleaded guilty to an offence that being a person conducting a business or undertaking who had a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (the Act) he failed to comply with that duty and thereby exposed Mr Liang Ying Zhang to a risk of death or serious injury contrary to s 32 of the Act.

2. The maximum penalty for the offence is a fine of $300,000.

BACKGROUND

3. The prosecutor tendered a joint signed Statement Of Facts and a Prosecution Sentence Tender Bundle which form the basis of the background set out below.

4. The offender (born 20 November 1964) traded as Apple Electronic Security. The offender conducted a business or undertaking which involved the installation of security systems including cameras, CCTV, anti-burglar alarms and back…