SafeWork NSW v Miroslav DAVIDOVIC [2019] NSWDC 597

SafeWork NSW v Miroslav DAVIDOVIC [2019] NSWDC 597

The defendant, having pleaded guilty, carried out and permitted high risk work ('Dogging work') without being authorised as required by Work Health and Safety legislation. Taking into account the objective seriousness of the offences, mitigating factors including early guilty pleas, cooperation, and remorse, and the absence of evidence as to incapacity to pay, the appropriate penalty is a total fine of $2,250, with 50% payable to the prosecutor and an order for costs.

Parties
Prosecutor: SafeWork New South Wales; Defendant: Miroslav Davidovic
Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Criminal Prosecution / Sentencing
Outcome
Conviction and sentence imposed
Legal Topics
Prosecution of Workplace Safety Offences, Duty of Employer, High Risk Work Licence, Sentencing Principles, Mitigating and Aggravating Factors, Objective Seriousness, Deterrence, Capacity to Pay, Orders for Costs
Criminal Law Work Health and Safety Law Prosecution of Workplace Safety Offences Duty of Employer High Risk Work Licence Sentencing Principles Mitigating and Aggravating Factors Objective Seriousness +3 more

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Parties

SafeWork New South Wales

Prosecutor

Miroslav Davidovic

Defendant

Procedural Posture

Criminal Prosecution / Sentencing

Legal Issues

  1. 1 Did the defendant carry out high risk work without being authorised (s 43(1) Work Health and Safety Act 2011)?
  2. 2 Did the defendant permit a worker to carry out high risk work without the worker being authorised (s 43(2) Work Health and Safety Act 2011)?
  3. 3 What is the correct penalty, taking into account mitigating and aggravating factors, objective seriousness, deterrence, and capacity to pay?

Ratio Decidendi

The defendant, having pleaded guilty, carried out and permitted high risk work ('Dogging work') without being authorised as required by Work Health and Safety legislation. Taking into account the objective seriousness of the offences, mitigating factors including early guilty pleas, cooperation, and remorse, and the absence of evidence as to incapacity to pay, the appropriate penalty is a total fine of $2,250, with 50% payable to the prosecutor and an order for costs.

Court Disposition

Conviction and sentence imposed

Orders

  • The defendant is convicted.
  • Fine of $1,000 in matter number 2018/184262, reduced by 25%.