The court allowed the defendant’s appeal against her conviction under section 7 of the 1974 Act in relation to an outbreak of legionnaires disease traced to the cooling towers of an air-conditioning system for which she, the building owners’ employed architect, had been responsible. The prosecution had served on Ms Beckingham ten particulars of alleged breaches of duty by way of specified acts or omissions. Rose LJ said: ‘having regard to the way in which this case was presented by the prosecution, it was incumbent on the judge specifically to direct the jury that they must unanimously be sure that one or more of the particulars relied on as supporting the offence was made out and that this gave rise to a breach of duty under section 7.’
Judges:
Rose LJ
Citations:
[2006] EWCA Crim 773
Links:
Statutes:
health and Safety at Work Act 1974 7
Jurisdiction:
England and Wales
Cited by:
Cited – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Crime, Health and Safety
Updated: 21 July 2022; Ref: scu.278938
