An Empirical Analysis of Health and Safety in Employment Sentencing in New Zealand
Apparent inconsistency in criminal sentencing at District Court level in New Zealand (NZ) might also be expected for health and safety in employment (HSE) offences. We review relevant legislation and the guidelines established in the de Spa appeal case, and estimate a model of HSE sentencing variability distinguishing the de Spa criteria (and a subset similar to those used in the formal U.S. criminal sentencing guidelines) from a more comprehensive list of sentencing factors routinely used. When the de Spa case-mix variables are controlled for, a weak increase in inter-district sentencing variability is observed but with a reduction in intra-district variability, while both inter and intra-judge variability is mitigated. We show that a number of the de Spa (and other) criteria are significant determinants of sentencing variation, although some results (e.g., for the presence of remorse) are puzzling. The results seem quite robust to the choice between a dataset including the common s 6 offences only and a dataset of cases as a whole as well as to several other sensitivity checks. We also show that the model retrospectively predicts the sentence in the de Spa appeal case well, and suggest how the model might be used as a basis for more consistent future sentencing decisions.
|Date of creation:||11 Nov 2009|
|Date of revision:|
|Contact details of provider:|| Postal: Private Bag 4800, Christchurch, New Zealand|
Phone: 64 3 369 3123 (Administrator)
Fax: 64 3 364 2635
Web page: http://www.econ.canterbury.ac.nz
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:cbt:econwp:09/17. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Albert Yee)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.