Sentencing — failure to develop and implement a safe system of work — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Worksafe New Zealand v Budget Plastics (New Zealand) Limited [2017] NZDC 17395, [2018] DCR 49 — Department of Labour v Hanham & Philp Contractors Ltd (2008) 6 NZELR 79 — Big Tuff Pallets Ltd v Department of Labour HC Auckland CRI-2008-404-000322, 5 February 2009 — Health and Safety at Work Act 2015, ss 36(1)(a), 48(1), 48(2)(c) — Sentencing Act 2002, ss 22, 40, 151. The defendants pleaded guilty to one charge of failing to develop and implement a safe system of work. The victim suffered a serious injury when he attempted to change the mould on a moulding machine. The machine was not properly guarded, and as a result the victim's hand was trapped in the machine. He suffered six broken bones, wrist lacerations and crushing injuries to his hand and wrist. The Court followed the factors set out in the Hanham & Philp case to determine the defendant's culpability. The aggravating features of the offending were the nature of the injury, the likelihood of such an accident occurring, failure to follow best practice in ensuring the safety of the machine, and having an inadequatelytrained person performing tasks. The Court awarded the victim emotional harm reparations of $25,000 and compensation for consequential loss of $8693.23, and set a starting point for a fine of $500,000. Mitigating factors were given for a guilty plea, cooperation with the investigation, remorse, remedial action and previous good safety record. Taking into account these factors, as well as the defendant's ability to pay, the Court set the fine at $100,000, and also ordered the defendant pay $1175.75 towards the cost of the prosecution. Judgment Date: 28 August 2018.