Sentences for employers convicted of offences under NZ health and safety law have been subject to constraints from two main sources (i) legislation; and (ii) guideline judgment cases. Their effect is to effectively split sentencing into three distinct time periods, viz., the period following the...

Sentences for employers convicted of offences under NZ health and safety law have been subject to constraints from two main sources (i) legislation; and (ii) guideline judgment cases. Their effect is to effectively split sentencing into three distinct time periods, viz., the period following the...

This paper first reviews the attitude towards starting points for the sentence of fines (i) for the period following the 1994 guideline judgment in De Spa and prior to the commencement of the Sentencing Act 2002, and (ii) for the period following the implementation of both the Sentencing Act...