For category 1 offences under the Work Health and Safety Act 2011 (Qld), a wholly suspended sentence of imprisonment for a director who personally orchestrated the reckless conduct, and a fine of $500,000 (out of a maximum of $3,000,000) for the company, are within the bounds of a proper exercise of the sentencing discretion where the risk was grave, the culpability high, and the risk could have been mitigated easily and at modest cost. General deterrence and denunciation are particularly important sentencing considerations given the objects of the Act. The assessment of culpability for WHS offences is multi-factorial, requiring an overall evaluation of the likelihood of the risk, the potential consequences, the availability of steps to mitigate the risk, and whether such steps were complex or only mildly inconvenient.
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