One of the company’s employees was electrocuted and died when a street lamp he was erecting touched an overhead power line. It was charged with a contravention of sections 2(1) and (2) and 33(1)(a) of the 1974 Act. The sheriff acquitted the respondent, holding that the Crown had not established a sufficient case against it because the company was entitled to rely on plans and the site engineer’s marking of the location of the lamp post. The prosecutor appealed.
Held: The appeal succeeded. The sherriff’s approach was incorrect
Judges:
Lord Justice Clerk Ross
Citations:
1993 SLT 179
Jurisdiction:
Scotland
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.
Health and Safety, Crime
Updated: 05 May 2022; Ref: scu.278945
