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Stumpmaster v Worksafe New Zealand - [2018] 3 NZLR 881

$30.00

High Court Wellington
CRI 2018-404-039; 2017-483-16; 2018-425-7; [2018] NZHC 2020
18 May; 9 August 2018
Venning and Simon France JJ
Criminal law — Sentencing — Correct approach to sentencing under Health and Safety at Work Act 2015 for non-individual PCBUs — Effect of increase in maximum available fine — Whether sentencing bands should be subject to multiplier — Whether greater number of guideline sentencing bands required because of large sums involved — Appropriate starting point of fine — Consideration of aggravating and mitigating factors — Effect of guilty pleas, reparation payments and previous convictions — Health and Safety at Work Act 2015, ss 3, 17, 18, 19, 36, 47, 48, 49, 151, 152, 153, 154, 155, 156, 157 and 158.
Sentencing — Correct approach to sentencing under Health and Safety at Work Act 2015 for non-individual PCBUs — Effect of increase in maximum available fine — Whether greater number of guideline sentencing bands required because of large sums involved — Appropriate starting point of fine — Consideration of aggravating and mitigating factors — Health and Safety at Work Act 2015, ss 3, 17, 18, 19, 36, 47, 48, 49, 151, 152, 153, 154, 155, 156, 157 and 158.

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