SafeWork NSW v BSA Limited (No. 4) [2023] NSWDC 544

SafeWork NSW v BSA Limited (No. 4) [2023] NSWDC 544

Costs should be apportioned to reflect partial success of parties, prosecutor's public duty, and defendant's admissions and disputed issues; prosecutor is entitled to 85% of its costs. Consideration of plea negotiations is inappropriate in costs determination.

Jurisdiction
Australia
Judgment Date
06 December 2023
Procedural Posture
Criminal Prosecution / Costs Determination After Guilty Plea and Sentencing
Outcome
Order for costs apportionment; prosecutor awarded 85% of its costs; exhibits returned.
Legal Topics
['costs' "prosecutor's Costs" 'relevant Principles' 'plea Negotiations' 'workplace Death']
['criminal Law' 'work Health and Safety Law'] ['costs' "prosecutor's Costs" 'relevant Principles' 'plea Negotiations' 'workplace Death']

Case Brief

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Procedural Posture

Criminal Prosecution / Costs Determination After Guilty Plea and Sentencing

Legal Issues

  1. 1 ['Appropriate apportionment of costs in work health and safety prosecution after partial success' 'Relevance of plea negotiations to costs determination' 'Whether costs should be capped or apportioned based on success/failure on issues']

Ratio Decidendi

Costs should be apportioned to reflect partial success of parties, prosecutor's public duty, and defendant's admissions and disputed issues; prosecutor is entitled to 85% of its costs. Consideration of plea negotiations is inappropriate in costs determination.

Court Disposition

Order for costs apportionment; prosecutor awarded 85% of its costs; exhibits returned.

Orders

  • ["BSA Limited to pay 85% of prosecutor's costs." 'The exhibits are returned.']