CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – death of employee.

SENTENCE – mitigating factors – aggravating factors – fine – capacity to pay – circumstances – objective seriousness – specific deterrence – general – credit – character - deterrence – appropriate penalty.

SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty.

COSTS – prosecution costs.

Michael Seck appeared for the offenders.