Sentencing — failing to ensure so far as reasonably practicable the health and safety of workers while at work — Stumpmaster v WorkSafe [2018] NZHC 2020 — WorkSafe New Zealand v John Austin Ltd [2016] NZDC 6797 — WorkSafe New Zealand v Miller Foods Ltd [2018] NZDC 5948 — WorkSafe New Zealand v Alliance Group Ltd [2018] NZDC 20916 — WorkSafe New Zealand Limited v 3H Company Limited DC Morrinsville CRN18039500032 (unreported), 17 October 2018 — MDIE v EF Products Ltd DC Dunedin CRI-2012-012-004088, 25 June 2013 — WorkSafe New Zealand v Locker Group Ltd DC Manukau CRI-2017-092-004123, 8 November 2018 — Hessell v R [2010] NZSC 135 — WorkSafe New Zealand v ITW New Zealand [2017] NZDC 27830 — WorkSafe New Zealand v Niagara Sawmilling Company Ltd [2018] NZDC 3667 — WorkSafe New Zealand v Marshall Industries Ltd [2018] NZDC 4498 — WorkSafe New Zealand v Allflex Packaging Ltd DC Manukau CRI-2017-092-14520, 25 October 2018 — Health and Safety at Work Act 2015, s 151(2)(e) — Sentencing Act 2002, s 4. The defendant timber company appeared for sentence on two charges of failing to ensure so far as was reasonably practicable the health and safety of workers while at work. The charges arose from two separate incidents less than three months apart, each with a different victim. In the first incident, the victim's hand was amputated when he tried to unblock a planer machine. The machine's guard was not fitted at the time, and there were also shortcomings in the training, checks and hazard register provided by the defendant. The victim was permanently disabled and disfigured and suffered major emotional harm. His wife had had to give up her job to care for him. The Court set a figure of $52,000 reparations for emotional harm, minus $10,000 which the defendant had already paid voluntarily. Having regard to the failings of the defendant and the obvious risk of severe harm, the Court set a start point for fine of $550,000 and applied discounts for reparations paid, remorse, co-operation with the investigation, remedial steps taken and pleading guilty. The final amount of the fine was $330,000; the Court further ordered the defendant pay half the costs of prosecution ($4652.50). In the second incident, the victim lost three fingertips when trying to fix an Optimiser machine. The machine was not adequately guarded, and there were also shortcomings in safety procedures, maintenance and training in regard to the machine. As with the first victim, the victim was permanently disabled, disfigured and suffered major emotional harm. The Court ordered reparations of $4000 on top of the $24,000 that the defendant had already paid the victim. The Court set a start point for fine of $400,000, and applied an uplift of 10 per cent ($40,000) for the defendant's poor safety record. The defendant earned discounts for reparations paid, remorse, remedial steps, cooperation with authorities and pleading guilty, resulting in a fine of $264,000. The Court further ordered the defendant pay half the costs of prosecution ($4654.50) and Court costs of $135. Judgment Date: 31 January 2019.