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 or damage. Even allowing for the need for deterrence the fine was reduced to andpound;275,000.
Judges:
Waller, LJ, hedley, Royce JJ
Citations:
Times 08-Jun-2005, [2005] EWCA Crim 1409
Links:
Statutes:
Health and Safety at Work Act 1974 3(1) 33
Jurisdiction:
England and Wales
Criminal Sentencing, Health and Safety
Updated: 30 June 2022; Ref: scu.226038