Published 21 August 2019
Sentencing — causing or committing a ship to be operated in a manner which caused unnecessary danger or risk to any other person or to any property — fatigued crew members — alarm disabled — Director of Maritime New Zealand v Prentice [2018] NZHC 1397 -—Maritime Transport Act 1994, s 65. The defendant appeared for sentence on one charge of causing a ship to be operated in a manner that caused unnecessary danger to persons or property. One of the defendant's six fishing boats had run aground after a young, inexperienced and tired crew member fell asleep while on watch. The crew were unharmed in the accident but the boat was completely destroyed. The defendant had no effective system in place for preventing tired or inexperienced crew members from going on watch, or to prevent them from falling asleep. The boat did in fact have an alarm installed but none of the crew knew how to use it or even that it was there at all. The Court found that the defendant's having installed the alarm was a mitigating factor; however the defendant had been reckless in failing to ensure that the alarm worked or that crew members knew how to use it. The Court set a start point for fine of $40,000, and applied discounts for remorse, cooperation, remedial steps and guilty plea. The total fine was $27,200. Judgment Date: 7 August 2018.
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