- SafeWork New South Wales v Pickles Auctions Pty Limited [2016] NSWDC 111
- 8 June 2016
- 08 Июнь 2016
- 08 Июнь 2016
- Criminal
- KEARNS DCJ
- The offender is convicted and fined the sum of $255,000. There is to be a moiety to the prosecution and the offender is to pay the prosecutor’s costs as agreed or assessed.
- Sentencing; risk of death or serious injury; forklift; fatal injuries; foreseeability of the risk of injury; prior conviction;
- Crimes (Sentencing Procedure) Act 1999
- Sentence
- SafeWork New South Wales, Prosecutor
Pickles Auctions Pty Limited, Defendant - Counsel:
Mr M Moir, instructed by SafeWork New South Wales, appeared for the Prosecutor
Mr P J Gow, instructed by Robertson Saxton Primrose Dunn, appeared for the Defendant - 2014/77317
JUDGMENT
THE CHARGE AND THE PLEA
- By amended summons, Pickles Auctions Pty Limited, is charged that on 20 March 2013 at 20‑21 Woorang Street, Milperra, being a person conducting a business or undertaking, who had a health and safety duty under s 19 of the Work Health and Safety Act 2011, to ensure so far as reasonably practicable, the health and safety of workers engaged by it, while they were at work in the business or undertaking, it failed to comply with that duty. The failure exposed Dean Jeffs and Jonathan Webster, to a risk of death or serious injury, contrary to s 32 of the Act. Pickles has pleaded guilty as charged in the amended summons.