Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 

Health and Safety Sentencing Inconsistent?


Health and Safety Sentencing Inconsistent?

Employers who plead not guilty to a breach of health and safety law may end up getting a lighter sentence if found guilty than those who admit an offence.

The latest issue of health and safety newsletter Safeguard Update says this is in spite of the Sentencing Act making it clear that a guilty plea must be seen as a mitigating circumstance when sentencing.

Safeguard Update says while no two prosecutions are comparable in all respects, research shows that the courts may sometimes be persuaded to take a softer stance if they have heard the defence case argued.

In one example a company recently pleaded guilty to failing to notify a serious harm accident and was fined $3,000. Another company which pleaded not guilty to the same offence was fined $1,000.

Two other employers were charged after workers had their arms crushed in conveyor belts at each company. The company which pleaded not guilty was fined $10,000, while the company which pleaded guilty was fined $30,000. Both had previous convictions for similar incidents and the reparation ordered was almost identical.

“The timing of a guilty plea is important, with most credit expected to be given to those who save the courts time and money by admitting responsibility at the first opportunity,” Safeguard Update says.

“Again, however, the reality doesn’t always match up, with some judges giving full credit for late, and even last minute, plea changes, and sentences seldom showing any significant advantage associated with an early admission of guilt.”

ENDS

© Scoop Media

 
 
 
Business Headlines | Sci-Tech Headlines

 

Super Fund/Canada Bid v NZTA: Tow Preferred Bidders For Auckland Light Rail

The two preferred delivery partners for Auckland light rail have been chosen and a final decision on who will build this transformational infrastructure will be made early next year, Minister of Transport Phil Twyford announced. More>>

ALSO:

9.3 Percent: Gender Pay Gap Unchanged Since 2017

“While it has remained flat since 2017, the gender pay gap has been trending down since the series began in 1998, when it was 16.2 percent,” labour market statistics manager Scott Ussher said. More>>

ALSO:

Ex-KPEX: Stuff Pulls Pin On Media Companies' Joint Ad-Buying Business

A four-way automated advertising collaboration between the country's largest media companies is being wound up after one of the four - Australian-owned Stuff - pulled the pin on its involvement as part of a strategic review of its operations ... More>>

Bus-iness: Transdev To Acquire More Auckland And Wellington Operations

Transdev Australasia today announced that it has agreed terms to acquire two bus operations in Auckland and Wellington, reaching agreement with Souter Investments to purchase Howick and Eastern Buses and Mana Coach Services. More>>

ALSO: