Sentencing — failure to ensure health and safety of workers — exposure to risk of death or serious injury — Health and Safety at Work Act 2015, ss 36(1)(a) & 48(1) — Moses v R [2020] NZCA 296 — Stumpmaster v Worksafe New Zealand [2018] NZHC 2020. The defendant company was for sentence having pleaded guilty to one charge of failing to ensure as far as reasonably practicable the health and safety of its workers, thereby exposing them to a risk of death or serious injury. A series of prohibition notices had been issued by WorkSafe inspectors in relation to inadequate fall protection and scaffolding on a building being constructed by the defendant company. Several of the prohibition notices had been breached, resulting in the charges. The process of sentencing in WorkSafe prosecutions is well-established: assess the amount of reparation; fix the amount of fine having regard to the guideline cases and any aggravating and mitigating factors of the offending; consider whether any other orders are necessary; and assess the overall proportionality and appropriateness of the sentence. No reparation was sought in this instance as no actual injury had occurred. The Judge assessed the offending as falling into the medium band of the Stumpmaster case, and a starting point for fine was $450,000. In mitigation, the company had pleaded guilty and were entitled to the full 25 per cent discount, as well as a further 5 per cent each for remedial steps taken, co-operation, and lack of previous convictions. After also taking into consideration the company's ability to meet the fine imposed, the final fine imposed was $180,000. The Judge ordered that this be paid off in monthly instalments of $3000 over a five-year period. A costs award of $2000 was also imposed in favour of the prosecution. Judgment Date: 15 December 2020.