Judges: Lord Justice Bean Citations: [2021] EWCA Crim 359 Links: Bailii Statutes: Health and Safety at Work Act 1974 33(1)(a) Jurisdiction: England and Wales Crime Updated: 13 October 2022; Ref: scu.659657
Stay for Extended Autrefois Convict The plea of autrefois convict applies only if the legal substance of the charges is same but the judge has a discretion. The plea is not limited to Connelly v DPP definitions, but is still narrow.A 19-year-old girl died of carbon monoxide poisoning in a rented flat. The CO2 gas … Continue reading Regina v Beedie: CACD 11 Mar 1997
Citations: [2009] EWCA Crim 655, [2010] 1 Cr App Rep (S) 6, [2009] Crim LR 603 Links: Bailii Statutes: Health and Safety at Work Act 1974 Jurisdiction: England and Wales Criminal Sentencing, Health and Safety Updated: 06 December 2022; Ref: scu.330973
The fact that a third party was put at risk by the negligence of an employee did not prevent the employer seeking to rely upon the statutory defence that he had taken all reasonable steps to avoid such risks. Judges: Roch LJ, Bennett, Thomas JJ Citations: Times 17-Sep-1998, [1999] IRLR 646, [1998] EWCA Crim 2511, … Continue reading Regina v Nelson Group Services (Maintenance) Ltd: CACD 30 Jul 1998
Citations: [2007] EWCA Crim 3396, [2008] 2 Cr App R (S) 26 Links: Bailii Statutes: Health and Safety at Work Act 1974 3(1) Jurisdiction: England and Wales Crime, Health and Safety Updated: 19 November 2022; Ref: scu.314322
Citations: [2008] EWCA Crim 1963, [2009] 1 All ER 786, [2009] ICR 127, [2009] Env LR 7, [2009] 1 Cr App R (S) 81, [2009] 1 Cr App R 16, [2009] Crim LR 381 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Health and Safety at Work Act 1974 2, Management of Health … Continue reading TDG (UK) Ltd, Regina v: CACD 29 Jul 2008
The appellants were convicted of failing to conduct their undertaking in such a way as to ensure, so far as was reasonably practicable, persons not in their employment were not exposed to risks to their health and safety. One of their buildings contained two cooling towers which, when inspected, were found to contain the bacteria … Continue reading Regina v Board of Trustees of the Science Museum: CA 26 May 1993
The defendant company had been fined when a train was derauled as a result of the company’s failure properly to maintain rail track. It appealed the fine of andpound;400,000. Held: Fines should properly be increased where the failure arose in the course of provision of a public service. However here had been no significant injury … Continue reading Regina v Jarvis Facilities Ltd: CACD 26 May 2005
An existing outline planning permission to develop land to include a parade of 12 shops in central London. In 1968 Pan American Airways Corporation took a sub-lease of the land and got planning permission to develop it as an air terminal for a period of 14 years, terminating (with an extension) on 31 March 1984. … Continue reading Regent Lion Properties Limited v Westminster City Council: CA 1990
The defendant complained that section 40 imposed a burden of proof upon him which infringed the presumption of innocence and his right to a fair trial. The trial judge held that the burden imposed a legal burden rather than an evidential one. Held: The Act could not be read down so as to impose only … Continue reading Davies v Health and Safety Executive: CA 18 Dec 2002
Citations: [2003] ScotHC 1 Links: Bailii Statutes: Health and Safety at Work Etc Act 1974 3(1) 33(1)(a) Jurisdiction: Scotland Crime, Health and Safety Updated: 03 February 2022; Ref: scu.181767
The defendant sought leave to appeal against its conviction for failing so to conduct its swimming pool as to avoid exposing visitors to risk to health or safety. A boy had gone to the pool with his father and brother. Notices said that a child of his age (under eight) should be accompanied by an … Continue reading Regina v Upper Bay Ltd: CACD 2 Mar 2010
Cranston J said: ‘The issue before us is whether the judge was correct in ruling at a preparatory hearing for the trial that regulation 23 of the UK Regulations and article 36 of the EU Regulation catch all those who are involved in transporting waste for export, from the point of origin where waste is … Continue reading KV and Others v Regina: CACD 19 Oct 2011
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
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