In a private prosecution, Mr Hart complained that the defendant had allowed untreated sewage to be discharged into controlled waters. The defendant pleaded guilty, but now appealed the fine of andpound;200,000.
Held: The sentence was imposed on the basis that the discharge was substantial, and the effect on the environment disastrous. The defendant had many convictions for similar offences. Such discharges were properly characterised as criminal, and it was a question of what priority was given to prevention by the company. There was no standard tariff or scale of penalties, and the court declined to set one, referring only to a guideline booklet produced by the Magistrates association. Here the fine remained manifestly excessive, and was reduced to andpound;60,000.
Citations:
Times 18-Aug-2003
Statutes:
Water Resources Act 1991 85(3)
Jurisdiction:
England and Wales
Environment, Criminal Sentencing, Utilities
Updated: 06 May 2022; Ref: scu.185768
