23 Aug 2019
COMMERCE COMMISSION v STEEL & TUBE HOLDINGS LTD [2019] NZHC 2098
- Citation
- [2019] NZHC 2098
- Court
- High Court
s45 could not be relied upon at sentencing to attribute the technical manager's deliberate state of mind to Steel & Tube because the offences under ss10 and 13 were strict liability and state of mind was not necessary to establish guilt; sentencing must assess corporate culpability via Sentencing Act factors and common law attribution where appropriate; on the facts senior management's conduct amounted to gross carelessness justifying a higher starting point than the District Court adopted; the District Court sentence was manifestly inadequate and is replaced with a global fine of NZD 2,009,2…