Manslaughter sentencing
-
Développement en droit 9 avril 2024 9 avril 2024
-
Royaume-Uni et Europe
-
Regulatory risk
Manslaughter sentencing update
| Date | Turnover/size of company (N.B approx only) |
Court | Fine | Sector | Incident type |
|---|---|---|---|---|---|
| 29th Jan | In liquidation | Middlesbrough Crown Court | £1.75 million (£2.15 milllion in total (also a health and safety fine)) | Waste | An agency worker was killed by a loading shovel vehicle at the defendant recycling company's premises. There was no alternative traffic route for pedestrians. The defendant was found guilty of breaching section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007, and sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. |
| 15th Feb | Small company | Birmingham Crown Court | £450,000 | Construction | The victim was working at a development site. He had been removing supporting metal bars with an angle grinder as part of a large-scale renovation project involving three bordering sites when the structure collapsed. He was not aware the metal bars played a crucial role in supporting the structure. None of the men working on the building, including the deceased who was onsite at the time, had any expertise in demolition work. There was no risk assessment or safe system of work in place for the task he was undertaking. The defendant construction company had worked on the sensitive structure without a proper plan and sequence in place, despite safety measures being known and readily available to it. The defendant pleaded guilty to corporate manslaughter contrary to section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 in that it caused the death of the victim by gross breach of a duty of care it owed to him. It also pleaded guilty to contravention of a health and safety regulation contrary to section 33(1) of the Health and Safety at Work etc. Act 1974, in that it failed to discharge the duty imposed upon it by virtue of Regulation 20(1) of the Construction (Design and Management) Regulations 2015 in that as a contractor it failed to plan and carry out the demolition or dismantling of a structure in such a manner as to prevent danger. |
Fin