Sentencing — failing to consult — exposing individual to risk of death — forestry accident — worker fatality — consequential reparation — consequential loss — Health and Safety at Work Act 2015, ss 34, 36 & 48 — Sentencing Act 2002 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Hessell v R [2010] NZSC 135, [2011] 1 NZLR 607. Two defendants appeared for sentence in connection with an incident in which a forestry worker (the victim) was killed while felling a tree. The first defendant had pleaded guilty to exposing an individual to the risk of death, while the second pleaded guilty to failure to properly consult with another person conducting a business or undertaking (PCBU). The Court began by sentencing the first defendant, ordering that it pay the victim's family $110,000 in emotional harm reparations and $255,225 in consequential losses. In assessing a fine, the Court found that the first defendant had failed to undertake a proper hazard and risk assessment of the forestry block where the victim died; failed to assess whether the victim was competent to undertake forestry work; and failed to ensure that the workers working on the forestry block were appropriately trained. The Court found that the first defendant had high culpability for the accident, and set a start point for fine of $600,000. In mitigation they pleaded guilty, accepted responsibility, cooperated with the investigation, agreed to pay reparations, were of otherwise good character and were willing to participate in restorative justice. These factors reduced the fine to $300,000; given the financial position of the first defendant the Court ordered a final fine of $10,000 along with prosecution costs. The Court observed that the second defendant's role in the incident was significantly different to that of the first defendant, but that they failed to adequately communicate and coordinate with the first defendant. The prosecution sought no reparations from the second defendant, and the Court set a start point for fine of $15,000. The second defendant earned discounts for otherwise good character, cooperation with investigation, guilty plea and payment of reparations. The final fine was $7000 as well as costs to the prosecution. Judgment Date: 6 October 2020.