In sentencing for WHS offences under s 32, the risk to be assessed is the risk arising from the failure to take reasonably practicable steps, not the risk of the specific consequence that occurred; discounting seriousness by reference to the unlikelihood of injury resulting is apt to lead to error. Worker injuries may be taken into account as an aggravating factor under s 21A(2)(g) even where the injuries are not a manifestation of the pleaded risk, provided the injuries would not have occurred had the defendant taken the measures which should have been taken. Unjustified prosecutorial delay of more than eight months in filing a sentence appeal, attributable to internal bureaucratic processes, will engage the residual discretion not to intervene even where the sentences are manifestly inadequate, particularly where the respondents have suffered prejudice including payment of fines and emotional distress.
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