Electrician sentenced over contractor death
An electrician has been sentenced to eight months’ home detention over a contractor’s death.
Yesterday afternoon, Stephen Graham Burton was sentenced before the Nelson District Court for failing to correctly test electrical work: namely, the installation of a socket outlet, knowing the failure would likely cause harm.
In February 2020, Burton had installed a new rangehood and fan at a Nelson property.
In March 2020, the homeowner of the property hired 53-year-old Craig Johnston to carry out some minor building work. She returned to her home to find Johnston motionless on her kitchen floor.
Later, it was revealed that Johnston, owner and operator of a Hire-a-Hubby franchise, had died of cardiac arrhythmia, triggered by an electric shock.
Burton was found guilty of the charge following a judge alone trial in November,
At the beginning of the sentencing, the court heard victim impact statements from Johnston’s widow, son, and sister.
His widow, who addressed the court about the loss of a husband and father who was “loved by everyone”, turned to speak to Burton directly.
“One day you will probably forget Craig, but I want you to constantly think of him while you’re having fun with your family.
“You have your wife to go back to but I don’t have Craig because of what you did. Shame on you.“
Crown prosecutor Dennis Dow, acting for WorkSafe, said the case was one of the most serious cases of its kind, due to the failure in the way Burton carried out his work; his failure to test; and his lack of acceptance of responsibility.
Dow suggested a start point of 20 months in prison, and $240,000 reparation.
“The consequences and actions are too serious to justify anything other than a short term of imprisonment.”
Burton’s lawyer Michael Vesty said his client, who had until the incident led a “prosocial life” and had made positive contributions to the community, had had a fall from grace that would continue to punish him.
Media coverage, and the loss of his registration, meant he was unable to continue his business, which impacted his career and finances, Vesty said.
Judge Ruth, referring to his earlier judgement, noted that Burton’s failure to remove a wall switch plate was pivotal.
“Had you done so you would have seen the nominal earthwire had been connected in such a way it wasn’t operating as an earthwire, it was a livewire.”
When the wall switch was turned on, electricity flowed through the earth pin of the socket outlet into the exposed metal framework of the rangehood. Johnston had made contact with the rangehood as he worked.
If Burton had removed a handful of screws, the incident could have been avoided, the judge said.
However, during the trial, Burton had claimed someone else had changed the wiring, and that he had conducted the required tests. Both of these were impossible claims, the judge said. “You cannot be heard to say someone else came in and changed your wiring when you never looked at the wiring,” he said.
The judge said while Burton would not be practicing again, the case would be a deterrent to anyone considering cutting corners.
“It is essential that those who are privileged to carry out this work must only do so if they are prepared to stick to rules and regulations.”
From a start point of 20 months in prison, the judge deducted 20% for previous good character, and arrived at a final sentence of home detention for eight months.
Burton was ordered to pay $150,000 emotional harm reparation.