Published 24 June 2019
Sentencing — failure to ensure health and safety of workers at work — quantum of reparations — quantum of fine — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v Department of Corrections [2016] NZDC 24865 — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607 — Health and Safety at Work Act 2015, s 36(1)(a) — Sentencing Act 2002. The defendant pleaded guilty to a single charge of failure to ensure, as far as is reasonably practicable, the health and safety of its workers at work. The victim lost sight in one eye when hazardous chemicals splashed onto his face, forcing him to quit his chosen field of work. The Court found that the defendant should have plumbed and hardwired the container of the chemicals, thereby reducing the risks. Further, the defendant should have had a system to ensure that workers were actually using the personal protective equipment that it provided. Given the serious consequences for the victim of the accident, the Court set reparations of $60,000. Turning to the quantum of a fine, the Court found the defendant's culpability to fall into the medium range. It had not taken an obvious risk, but it had taken inadequate steps to keep its employees safe. The Court set a start point for fine of $450,000, and allowed discounts for remorse, financial support of the victim, and cooperation with the prosecution. The final fine was $219,375, and the Court also ordered costs of $1528.30. Judgment Date: 21 September 2018.
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