In risk-based OHS prosecutions under s 26 of the Occupational Health and Safety Act 2004, evidence of the actual number of deaths or injuries resulting from the risk eventuating is relevant to the 'degree of harm' under s 20(2)(b), which encompasses both the nature of consequences (death or serious injury) and the extent of consequences (number of persons affected), and an admission as to the nature of consequences does not render evidence of their extent irrelevant or inadmissible.
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