Sentencing — failing to comply with a duty that exposed workers to risk of injury or death — Health and Safety at Work Act 2015 ss 3, 36, 48, 152 & 158 — HSWA — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Hessell v R [2010] NZSC 135. The defendant company faced sentence having pleaded guilty to one charge of failing to comply with a duty that exposed workers to risk of injury or death, in contravention of ss 36 and 48 of the Health and Safety at Work Act 2015 (HSWA). The victim, a maintenance electrician, was tasked with replacing a heat probe on the upper level of an enclosed steam press. The press began the start-up process, which included bursts of steam to be pushed through the press. The victim's co-workers did not know he was on the upper level and the victim was engulfed in steam, causing significant burns to his throat, stomach lining, hands and wrists (requiring skins grafts), face, and neck. The Judge, applying the Stumpmaster decision, adopted a starting point of $60,000 for reparations and $600,000 for the fine. The Judge applied an uplift of 10 per cent for the defendant's previous health and safety convictions but discounted 10 per cent for the defendant's co-operation with the prosecution, a further $50,000 for remorse and $60,000 for the reparations. Finally, a full 25 per cent discount was applied for an early guilty plea, bringing the end sentence to $60,000 in reparations, $365,000 in fines, and $1100.29 for costs to the prosecution. Judgment Date: 27 February 2019.