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Worksafe New Zealand v Dykes [2019] NZDC 8890

Published 04 July 2019

Sentencing — WorkSafe — sentencing indication — Gas Act 1992, s 56B — Gas (Safety and Measurement) Regulations 2010, reg 9(2) — Sentencing Act 2002, s 86 — Ebdale v R [2015] NZHC 3154 — Guinness v Police [2015] NZHC 883. The defendant appeared for sentence having pleaded guilty to one charge laid under s 56B of the Gas Act and reg 9(2) of the Gas (Safety and Measurement) Regulations 2010. The charge related to the defendant's installation of a gas fire in the residential property of the two complainants. The fire was not designed for LPG, there was no supplier declaration available confirming it was safe, and the aluminium flue provided did not have an outer skin as required. Soon after installation, a fire occurred at the property resulting in significant damage and an insurance shortfall to the complainants of $66,000. The central issue in the sentencing was the potential reparations for emotional harm and consequential loss. The Judge cited case law, sentencing principles, civil litigation options, and the defendant's relative impecuniosity and sentenced the defendant to four months' community detention, $5000 in emotional harm reparations to the victims ($2500 each), and a further $15,000 to cover consequential losses. The total reparations of $20,000 worked out to effectively $75 per week for five years, within the $100 figure the defendant offered to pay per week for one year. Judgment Date: 10 May 2019.