The mental element of reckless endangerment under s 32 of the Occupational Health and Safety Act 2004 (Vic) requires foresight of the probability that conduct will place a person in danger of serious injury, not foresight of the probability of serious injury itself. In sentencing for OHS offences, the primary factor is the objective seriousness of the offence, and subjective factors such as guilty pleas, cooperation, and subsequent remedial measures must play a subsidiary role. The liability of a company under s 32 and the liability of its director under s 144(1) are separate and distinct, and fining both does not constitute double punishment even where the director is the sole director and founder of the company. The Court recommended urgent legislative review of the maximum penalty under s 32.
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