In sentencing for OHS offences, the gravity of the breach — not the occurrence of death or serious injury — is the touchstone for penalty. The gravity of the breach is measured by the seriousness of the departure from statutory duty and the extent of the risk of death or serious injury. The fact that a breach resulted in death is relevant only insofar as it manifests the degree of seriousness of the threat to safety. Aggregate fines under s 51 of the Sentencing Act 1991 (Vic) are generally inappropriate where OHS charges involve distinct courses of conduct. Prosecutors must provide sentencing judges with genuinely comparable cases containing sufficient factual detail, not merely tables of outcomes in 'fatality' cases.
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