Corporate Manslaughter cases

Transcription

1 Corporate Manslaughter cases 1 st UK (1 st English ) R v Cotswold Geotechnical (Holdings) February 2011 (permission to appeal denied 11 May 2011) 385,000 (Level of fine appealed but upheld by the Court of Appeal, commenting in some cases, putting the company out of business may be inevitable.) None Peter Eaton, a director, was charged with gross negligence manslaughter but this charge was stayed due to his ill-health. First company to be convicted of corporate manslaughter offence - said to be a test case for the legislation. Geologist died when a trench collapsed on him. It was found that the company s system of digging trial pits was wholly and unnecessarily dangerous, and ignored industry guidance. following trial. Fine payable over ten years at 38,500 per annum, to avoid putting the company into insolvency. At the time of the incident the company had just eight employees. 2nd UK (1st NI ) R v JMW Farm May ,500 15,600 None Employee was washing a large metal bin positioned on the forks of a fork lift truck when it fell off onto him resulting in his death. Guilty plea which resulted in a 25% reduction in the fine. Fine payable over six months. First corporate manslaughter case in Northern Ireland. Walker Morris LLP

2 3rd UK (2nd English ) R v Lion Steel Equipment July ,000 84,000 Three directors charged with gross negligence manslaughter and neglect. The defendants were found not guilty on all counts. Death of an employee who fell 13m through a skylight whilst on a roof fixing a leak. Guilty plea, which resulted in a 20% reduction in the fine. Fine also reduced to reflect previous good record and the financial position of the company, otherwise the fine would have been 600,000. Fine payable in four annual instalments (suggested that this may be to allow the company to obtain a loan to make the payments). Turnover of the company was in the region of 10m with pre-tax profits that fluctuated between 187,000 and 317,000. 4th UK (2nd NI ) R v J Murray & Son October ,000 10,450 Director charged with unlawful killing - prosecution did not proceed. An employee fell, or was dragged, into an animal feed mixing machine and died. The company had removed safety panels to allow ingredients to be added more easily some years before the incident. Guilty plea taken into account in sentencing, as was the cooperation of the company with the investigation, the previous good health and safety record and the remorse of the company/directors. Walker Morris LLP

3 Fine payable in annual instalments of 20,000 due to financial situation of the company. Second corporate manslaughter case in Northern Ireland. 5th UK (3rd English ) R v Princes Sporting Club November , ,000 Charges against the director under s37 Health and Safety at Work Act 1974 (HSWA) dropped. An 11 year old girl died after falling from a banana boat ride and being hit by the boat towing it. Failings by the company included failure to provide safety equipment to customers and a poor attitude towards health and safety as evidenced by previous concerns raised by the club s Health and Safety Co-ordinator. Sentencing comment of HHJ McCreath: I propose to fine this defendant company every penny that it has. I have no power to do anything other than impose a fine and I can impose no more than all of its assets. I should say that if matters had been otherwise (the company had been trading or otherwise), that this is certainly a case where I would have given a fine which would have put it out of business. I say this because although an offence of this kind under the Corporate Manslaughter Act is very serious, I consider this case itself to Walker Morris LLP

4 be very serious. Guilty plea entered by the company. Company has subsequently been liquidated. 1st acquittal PS & JE Ward Ltd April 50,000 Acquittal for corporate manslaughter charge 47,932 None Count of corporate manslaughter and under section 2(1) HSWA, following the death of an employee from electric shock. First acquittal of corporate manslaughter at trial (found guilty of section 2). Convicted of charge under section 2(1) HSWA 6th UK (4th English ) R v Mobile Sweepers (Reading) Ltd February 8,000 Gross negligence manslaughter charge left to lie on file but director fined 183,000 for HSWA offence and disqualified as a director for 5 years 4,000 8,000 Sole director charged with gross negligence manslaughter. Employee crushed by a road sweeping vehicle under which he was working after he inadvertently removed a hydraulic hose which caused the vehicle to fall on him. The judge said that the case was the most serious of its kind and that if the company had had a large turnover the fine would have been greater and closer to 1 million. Walker Morris LLP

5 7th UK (5th English ) R v Cavendish Masonry May Sentenced 18 November 150,000 87,117 None although was sole director company An employee was fatally injured by a twoton limestone slab which had fallen from its lintel as it was being lifted into position. The company was found guilty of corporate manslaughter during trial in May, having already pleaded guilty to an offence under section 2(1)HSWA (no separate penalty for that breach) 2nd acquittal R v MNS Mining Ltd June Acquittal N/A Mine manager charged with four counts of gross negligence manslaughter. Four counts of corporate manslaughter following death of four miners when the mine they were working in was flooded with water. Alleged that the mine manager mined into old, previously flooded mine workings contrary to safety regulations leading to the first corporate manslaughter charges based on a non-director s actions. May lead to judicial consideration of senior management by the courts. 8th UK (6th English ) R v Sterecycle (Rotherham) Sentenced 7 November 500,000 N/A Section 7 HSWA charges against one director and two mangers, one of whom has also been charged with perverting the An employee was fatally injured in an explosion at a waste plant when the door to an autoclave blew out under pressure. Another employee was seriously injured in the same incident. Walker Morris LLP

6 course of justice. Not guilty for perverting offence and section 7 offences withdrawn during trial The company is now in creditors voluntary liquidation 9th UK (3rd NI ) R v A. Diamond & Son (Timber) Ltd Convicted 17 December Sentence due January 2015 None Employee killed while operating machinery at a timber saw mill in Co. Londonderry, NI. No other details released at present 10th UK (7th English ) R v Pyranha Mouldings Convicted 12 January 2015 Sentence due February 2015 Two directors being charged under section 2 and section 6 HSWA and one employee being charged under section 3 HSWA Employee got trapped inside an industrial oven and died. Company is being charged with corporate manslaughter and offences under section 2 and section 6 HSWA. Charges against director and electrical engineer dismissed following submission of no case to answer (Director charges conceded by prosecutor, other ruled by judge) R v Baldwins Crane Hire On-going First hearing 16 October An employee operator was fatally injured after his 500 tonne crane ran away due to alleged brake failure and crashed into an Walker Morris LLP

7 earth bank as he negotiated a steep road. The company has been charged with corporate manslaughter as well as offences under section 2 and section 3 HSWA. R v Huntley Mount Engineering Ltd First hearing 12 November Zaffar Hussain and son Akbar Hussain both charged with gross negligence manslaughter. A 16 year old apprentice suffered fatal head injuries after he became entangled in an industrial metal lathe in January 2013, just weeks into his new job at a factory in Bury, Greater Manchester. Lime People Training Solutions Ltd charged with offence under section 3 HSWA had organised the placement with the defendant. R v G & J Crothers Hearing December None Company charged with corporate manslaughter after the death of Michael Beston in July Trial set for March 2015 No further details known at this stage. Walker Morris LLP