151 Sentencing criteria

(1)

This section applies when a court is determining how to sentence or otherwise deal with an offender convicted of an offence under section 47, 48, or 49.

(2)

The court must apply the Sentencing Act 2002 and must have particular regard to—

(a)

sections 7 to 10 of that Act; and

(b)

the purpose of this Act; and

(c)

the risk of, and the potential for, illness, injury, or death that could have occurred; and

(d)

whether death, serious injury, or serious illness occurred or could reasonably have been expected to have occurred; and

(e)

the safety record of the person (including, without limitation, any warning, infringement notice, or improvement notice issued to the person or enforceable undertaking agreed to by the person) to the extent that it shows whether any aggravating factor is present; and

(f)

the degree of departure from prevailing standards in the person’s sector or industry as an aggravating factor; and

(g)

the person’s financial capacity or ability to pay any fine to the extent that it has the effect of increasing the amount of the fine.

Compare: 1992 No 96 s 51A