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Corporate fine for Health & Safety fatality reduced by Court of Appeal

In a recent Health & 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 & 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.
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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.

News 13 Apr, 2018

Authors

James Leonard

Call: 1989

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