Corporate fine for Health and Safety fatality reduced by Court of Appeal
In a recent Health and Safety case heard by the Court of Appeal, Criminal Division, the Court accepted submissions that the Judge had wrongly characterised the culpability of ATE Truck and Trailer Sales Ltd as ‘high’, and reduced it to ‘low’.
The Court of Appeal also reduced a finding of High Likelihood of harm to Medium leading to a reduction in fine from £475,000 to £200,000.
Some useful and informative remarks were presented on the approach to be taken when the Prosecution and Defence reach agreement about issues relevant to a sentencing Guideline.
James Leonard represented ATE Truck and Trailer Sales Ltd and was instructed by Sean Elson and Louise Mansfield of Pinsent Masons, Birmingham.
The full judgment can be read here.
James Leonard won the ‘Health & Safety Junior of the Year ’ Award at the Chambers UK Bar Awards 2017. His Health & Safety work leads to appearances in Courts at every level.
Barristers: James Leonard