The New South Wales Prosecutor was successful in the appeal on 11 March 2016 in relation to cross appeals from a judgment of the District Court in the recent Hunter Valley mine safety prosecution.
The original prosecution related to an incident on 23 April 2010 in which an employee of the Singleton mine was seriously injured after allegedly being struck in the head with fly rock and crushed by machinery.
The defendant was convicted at first instance under s 8 of the Occupational Health and Safety Act 2000, and sentenced to a penalty of $50,000 and ordered to pay 20% of the Prosecutor’s costs.
On appeal, the court ordered that a penalty of $100,000 be imposed, and that the defendant pay 50% of the Prosecutor’s costs. The court also awarded the Prosecutor costs of the appeal.
